Legal Opinion

State v. Davis

Court of Appeals of North Carolina

Decided July 20, 1982No. 813SC1388PublishedCited by 70 opinions

1Opinion of the Court

MARTIN (Harry C.), Judge.

A defendant has a right of appeal if he pleads guilty and the sentence exceeds the presumptive term set by N.C.G.S. 15A-1340.4 and if the judge was required to make findings as to aggravating and mitigating factors. N.C. Gen. Stat. 15A-1444(al) (Cum. Supp. 1981). Appeal under this subsection, however, is limited to the issue of whether the sentence entered is supported by evidence introduced at the trial and sentencing hearing. Id.

Defendant contends that the trial judge did not have authority to change the judgment in this case after it had been entered and after…

2Cases cited11 opinions

  1. State v. PopeSupreme Court of North Carolina · 1962
  2. State v. BrookoverArizona Supreme Court · 1979
  3. State v. . SudderthSupreme Court of North Carolina · 1922
  4. State v. LocklearSupreme Court of North Carolina · 1978
  5. State v. PoolosSupreme Court of North Carolina · 1955

6 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. State v. AhearnSupreme Court of North Carolina · 1983
  2. State v. Van McDougallSupreme Court of North Carolina · 1983
  3. State v. JonesSupreme Court of North Carolina · 1983
  4. State v. BlackwelderSupreme Court of North Carolina · 1983
  5. State v. MeltonSupreme Court of North Carolina · 1983

65 more not listed; retrieve them via the Exa API.

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