State v. Whitehead

MARTIN, Justice.

Defendant is presently serving a life sentence for the crime of second-degree murder. Addressing defendant’s 2011 amended motion for appropriate relief for his 1994 conviction, the Superior Court, Nash County, modified defendant’s life sentence by “retroactively applying] ” the Structured Sentencing Act. The sentencing for defendant’s offense, however, is controlled exclusively by the Fair Sentencing Act. Because the trial court’s order and judgment violate a clear and unambiguous statute, we vacate and remand.

On 29 July 1994, defendant pled guilty to second-degree murder in…