State v. Watlington, 234 N.C. App. 601 (Jul. 1, 2014)

(No. COA13-925). Citing, State v. West, 180 N.C. App. 664 (2006) (the same case cited in Perkins above), the court held that the trial court erred by increasing the defendant’s sentence based on convictions for charges that originally had been joined for trial with the charges currently before the court. The charges were joined for trial and at the first trial, the defendant was found guilty of some charges, not guilty of others and there was a jury deadlock as to several others. The defendant was retried on charges that resulted in a deadlock and convicted. The trial court used the convictions from the first trial when calculating the defendant’s PRL.