Legal Opinion

In re Greene

Supreme Court of North Carolina

Decided June 1, 1979No. 152PCPublishedCited by 12 opinions

1Opinion of the Court

*312We hold that the Courts of North Carolina do not have an “inherent” power to continue prayer for judgment on conditions or to suspend sentence where the sentence is made mandatory by the General Assembly.

It follows that Judge Greene’s duty in the case of Richard Allen Godwin was to pronounce judgment and sentence as mandated by the General Assembly in G.S. 20-179. This he failed and refused to do.

It is argued to us by Judge Greene that Rule 22 of the North Carolina Rules of Appellate Procedure requires the district attorney to file his petition in the Superior Court. In view of the nature of…

2Cited by12 opinions

  1. State v. SmallSupreme Court of North Carolina · 1980
  2. State Ex Rel. Edmisten v. TuckerSupreme Court of North Carolina · 1984
  3. In re TuckerSupreme Court of North Carolina · 1998
  4. State v. PennellCourt of Appeals of North Carolina · 2013
  5. In re R.L.C.Court of Appeals of North Carolina · 2006

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