{
  "id": 8554320,
  "name": "STATE OF NORTH CAROLINA v. JOHN LEWIS DAVIS",
  "name_abbreviation": "State v. Davis",
  "decision_date": "1973-09-19",
  "docket_number": "No. 7322SC594",
  "first_page": "459",
  "last_page": "461",
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      "cite": "19 N.C. App. 459"
    }
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "cite": "339 F. 2d 973",
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      "cite": "349 F. 2d 370",
      "category": "reporters:federal",
      "reporter": "F.2d",
      "case_ids": [
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      "year": 1965,
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    {
      "cite": "471 F. 2d 406",
      "category": "reporters:federal",
      "reporter": "F.2d",
      "case_ids": [
        268969
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      "year": 1973,
      "opinion_index": 0,
      "case_paths": [
        "/f2d/471/0406-01"
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  "last_updated": "2023-07-14T21:32:34.966448+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Morris and Parker concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JOHN LEWIS DAVIS"
    ],
    "opinions": [
      {
        "text": "CAMPBELL, Judge.\nIn August 1968 the defendant was sentenced to two years\u2019 imprisonment upon three charges of larceny which were consolidated for the purpose of the judgment. This sentence was suspended, and the defendant was placed upon probation for a period of three years. The defendant thereafter violated the terms of probation, and' on 18 February 1971 the probation was revoked and the two years\u2019 active sentence placed into effect. In October 1971, the defendant was .placed on parole and remained on parole until March 1973, when he was recommitted to the North Carolina Department of Correction to serve the remainder of his sentence. On 4 April 1973, the defendant filed a petition and motion for credit for the time he was on parole, namely, from 21 October 1971 until 22 March 1973.\nThe defendant relies upon North Carolina G.S. 15-196.1 which provides:\n\u201cThe term of a determinate sentence or the minimum and maximum term of an indeterminate sentence shall be credited with and diminished by5 the total amount of time a defendant has spent, committed to or in confinement in any State or local correctional, mental or other institution as a result of the charge that culminated in the sentence. The credit provided shall be calculated from the date custody under the charge commenced and shall include, credit for all time spent in custody pending trial, trial de novo, appeal, retrial, or pending parole and probation revocation hearing: Provided, however, the credit available herein shall not include any time that is credited on the term of a previously imposed sentence to which a d\u00e9fendant is subject.\u201d\nThe defendant argues that while he was on parole he was under supervision of the parole' department and that this was tantamount to being in custody and confinement.\nNorth Carolina G.S. 148-61.1 provides in part:\n\u201c(a) . . . The time a parolee is at liberty on regular parole shall hot be counted as any portion or part of the time served on his sentence, . . .\u201d\nWe find no North Carolina case on the subject, but the federal courts have invariably held that time spent on parole is not to be credited on an active sentence. Ham v. North Carolina, 471 F. 2d 406 (4th Cir. 1973); Hamrick v. Peyton, 349 F. 2d 370 (4th Cir. 1965); Hodge v. Markley, 339 F. 2d 973 (7th Cir. 1965).\nWhile the defendant on parole may have been under supervision of the rules and regulations of the Board of Paroles and the Department of Correction, nevertheless, he was \u201cat liberty,\u201d and the defendant was not entitled to any credit on his prison sentence. The order of Judge Rousseau denying the motion and dismissing the petition was in all respects correct.\nAffirmed.\nJudges Morris and Parker concur.",
        "type": "majority",
        "author": "CAMPBELL, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Assistant Attorney General John R. B. Matthis, for the State.",
      "Warren A. Winthrop for the defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JOHN LEWIS DAVIS\nNo. 7322SC594\n(Filed 19 September 1973)\nCriminal Law \u00a7 138 \u2014 revocation of probation \u2014 no credit for time spent on parole\nWhile the defendant on parole may have been under supervision of the rules and regulations of the Board of Paroles and the Department of Correction, nevertheless, he was \u201cat liberty,\u201d and defendant was not entitled to any credit on his sentence for time spent on parole. G.S. 15-196.1; G.S. 148-61.1\nAppeal from Rousseau, Judge, 23 April 1973 Session, Ire-dell County Superior Court.\nThe defendant filed a motion in the Superior Court of Iredell County to obtain credit on a prison sentence for time while he was on parole from 21 October 1971, until 22 March 1973. Judge Rousseau denied the credit and dismissed the petition and motion. The defendant appealed.\nAttorney General Robert Morgan by Assistant Attorney General John R. B. Matthis, for the State.\nWarren A. Winthrop for the defendant appellant."
  },
  "file_name": "0459-01",
  "first_page_order": 483,
  "last_page_order": 485
}