State v. Absher

WEBB, Justice.

The defendant argues that it was the duty of the State to move for the imposition of a sentence within thirty days from the time the prayer for judgment was continued and when it failed to do so, the court lost its jurisdiction to impose a sentence. We hold there is no such requirement.

When the defendant entered the guilty plea, the court had the power to continue the prayer for judgment to a later term. State v. Graham, 225 N.C. 217, 34 S.E.2d 146 (1945); N.C.G.S. § 15A-1334(a) (1988). The prayer for judgment was in effect continued from term to term when a sentence was not…