Legal Opinion

State v. Rush

Court of Appeals of North Carolina

Decided July 1, 2003No. COA02-56PublishedCited by 14 opinions

1Opinion of the Court

GEER, Judge.

On this appeal, we are asked to consider whether the trial court erred in activating defendant’s sentence after she violated her probation for the second time. Defendant makes two arguments: (1) the sentence that was activated violated defendant’s plea agreement; and (2) the trial court lacked jurisdiction under N.C. Gen. Stat. §§ 15A-1342 and -1344 (2001). We affirm.

On 27 January 1997, defendant pled guilty to two counts of assault with a deadly weapon on a law enforcement officer and one count of attempted common law robbery. Defendant received a suspended sentence and was…

2Cases cited4 opinions

  1. State v. HandySupreme Court of North Carolina · 1990
  2. State v. TozziCourt of Appeals of North Carolina · 1987
  3. State v. RannelsSupreme Court of North Carolina · 1993
  4. State v. NolesCourt of Appeals of North Carolina · 1971

3Cited by14 opinions

  1. In Re WebberCourt of Appeals of North Carolina · 2009
  2. State v. SatanekCourt of Appeals of North Carolina · 2008
  3. Lineberger v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 2008
  4. State v. HolmesSupreme Court of North Carolina · 2007
  5. State v. PennellSupreme Court of North Carolina · 2014

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