State v. Ikard

Court of Appeals of North Carolina

State v. Ikard

450 S.E.2d 927, 117 N.C. App. 460, 1994 N.C. App. LEXIS 1262

CourtCourt of Appeals of North Carolina

DecidedDecember 20, 1994

DocketNo. 9425SC642

StatusPublished

This text of 450 S.E.2d 927 (State v. Ikard) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ikard, 450 S.E.2d 927, 117 N.C. App. 460, 1994 N.C. App. LEXIS 1262 (N.C. Ct. App. 1994).

Pincite

Opinion

ARNOLD, Chief Judge.

Defendant argues that the trial court erred by ordering his activated sentence to be served consecutively to the previously entered sentence for second degree murder. Defendant contends the sentence should run concurrently because he elected to serve the prison sentence.

[461]*461N.C. Gen. Stat. § 15A-1347 (1988) provides that “[w]hen a superi- or court judge, as a result of a finding of a violation of probation, activates a sentence . . . the defendant may appeal under G.S. 7A-27.” In this case, the trial court activated defendant’s sentence upon his voluntary election to serve the sentence in lieu of the remainder of his probation and not “as a result of a finding of a violation of probation.” Therefore, defendant has no right to appeal from his activated sentence, and his appeal is dismissed.

Appeal dismissed.

Judges EAGLES and ORR concur.

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ARNOLD, Chief Judge.

Defendant argues that the trial court erred by ordering his activated sentence to be served consecutively to the previously entered sentence for second degree murder. Defendant contends the sentence should run concurrently because he elected to serve the prison sentence.

[461]*461N.C. Gen. Stat. § 15A-1347 (1988) provides that “[w]hen a superi- or court judge, as a result of a finding of a violation of probation, activates a sentence . . . the defendant may appeal under G.S. 7A-27.” In this case, the trial court activated defendant’s sentence upon his voluntary election to serve the sentence in lieu of the remainder of his probation and not “as a result of a finding of a violation of probation.” Therefore, defendant has no right to appeal from his activated sentence, and his appeal is dismissed.

Appeal dismissed.

Judges EAGLES and ORR concur.

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Bluebook (online)

450 S.E.2d 927, 117 N.C. App. 460, 1994 N.C. App. LEXIS 1262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ikard-ncctapp-1994.

Opinion

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