{
  "id": 8525778,
  "name": "STATE OF NORTH CAROLINA v. PAUL DURAND IKARD",
  "name_abbreviation": "State v. Ikard",
  "decision_date": "1994-12-20",
  "docket_number": "No. 9425SC642",
  "first_page": "460",
  "last_page": "461",
  "citations": [
    {
      "type": "official",
      "cite": "117 N.C. App. 460"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 161,
    "char_count": 2423,
    "ocr_confidence": 0.73,
    "sha256": "0ce1ad1086dd5e5daa837e283ad9bbe51ecc2920080d5e9c28ab8ea938f46e98",
    "simhash": "1:f57f475777e698e6",
    "word_count": 391
  },
  "last_updated": "2023-07-14T20:31:41.091249+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges EAGLES and ORR concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. PAUL DURAND IKARD"
    ],
    "opinions": [
      {
        "text": "ARNOLD, Chief Judge.\nDefendant argues that the trial court erred by ordering his activated sentence to be served consecutively to the previously entered sentence for second degree murder. Defendant contends the sentence should run concurrently because he elected to serve the prison sentence.\nN.C. Gen. Stat. \u00a7 15A-1347 (1988) provides that \u201c[w]hen a superi- or court judge, as a result of a finding of a violation of probation, activates a sentence . . . the defendant may appeal under G.S. 7A-27.\u201d In this case, the trial court activated defendant\u2019s sentence upon his voluntary election to serve the sentence in lieu of the remainder of his probation and not \u201cas a result of a finding of a violation of probation.\u201d Therefore, defendant has no right to appeal from his activated sentence, and his appeal is dismissed.\nAppeal dismissed.\nJudges EAGLES and ORR concur.",
        "type": "majority",
        "author": "ARNOLD, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Michael F. Easley, by Assistant Attorney General Julia R. Hoke, for the State.",
      "W. Thomas Portwood, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. PAUL DURAND IKARD\nNo. 9425SC642\n(Filed 20 December 1994)\nCriminal Law \u00a7 1522 (NCI4th)\u2014 defendant\u2019s voluntary activation of sentence \u2014 no right to appeal\nWhere the trial court activated defendant\u2019s sentence upon his voluntary election to serve the sentence in lieu of the remainder of his probation and not as a result of a finding of a violation of probation, defendant had no right to appeal from his activated sentence. N.C.G.S. \u00a7 15A-1347.\nAm Jur 2d, Criminal Law \u00a7 578.\nAppeal by defendant from judgment entered 27 April 1994 by Judge James U. Downs in Catawba County Superior Court. Heard in the Court of Appeals 19 December 1994.\nOn 30 September 1992, defendant pled guilty to possession of cocaine. Pursuant to a plea arrangement as to sentence, the trial court sentenced defendant to five years in prison, suspended with supervised probation for five years. On 26 April 1994, defendant pled guilty to second degree murder committed on 21 July 1992. The trial court sentenced him to twenty-five years in prison. On 27 April 1994, defendant voluntarily elected to serve his sentence for possession of cocaine in lieu of probation. The trial court revoked defendant\u2019s probation, activated his sentence, and ordered the sentence to begin at the expiration of his sentence for second degree murder. Defendant appeals from the judgment and commitment upon revocation of probation.\nAttorney General Michael F. Easley, by Assistant Attorney General Julia R. Hoke, for the State.\nW. Thomas Portwood, Jr., for defendant appellant."
  },
  "file_name": "0460-01",
  "first_page_order": 492,
  "last_page_order": 493
}