State v. Rhodes

GEER, Judge.

Defendant appeals from his sentence entered after the trial court, on its own motion, reopened his sentencing hearing and imposed a sentence inconsistent with the plea agreement between defendant and the State. Because we conclude that the trial court erred in resen-tencing defendant without affording him the opportunity to withdraw his guilty plea, we vacate defendant’s sentence and remand the matter to the trial court.

Defendant was indicted on one count of failure to register as a sex offender in violation of N.C. Gen. Stat. § 14-208.11 (2003). He entered into a plea agreement…