{
  "id": 4166695,
  "name": "STATE OF NORTH CAROLINA v. DONALD LAMOND",
  "name_abbreviation": "State v. Lamond",
  "decision_date": "2009-04-21",
  "docket_number": "No. COA08-940",
  "first_page": "515",
  "last_page": "516",
  "citations": [
    {
      "type": "official",
      "cite": "196 N.C. App. 515"
    }
  ],
  "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": 176,
    "char_count": 2464,
    "ocr_confidence": 0.732,
    "sha256": "55e558c267e6af1574205f3a6eaff653e521112360e6ca2b8edcff4b190fc24e",
    "simhash": "1:8f79f867fe1726d4",
    "word_count": 383
  },
  "last_updated": "2023-07-14T15:08:58.268450+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge MARTIN and Judge CALABRIA concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. DONALD LAMOND"
    ],
    "opinions": [
      {
        "text": "STEELMAN, Judge.\nWhere the trial court failed to enter the required findings of fact necessary to impose a probationary period longer than eighteen months, the judgment is vacated and this case is remanded for resentencing.\nI. Factual and Procedural Background\nDefendant was charged with simple assault, and was found guilty by a jury on 30 January 2008. The trial court imposed a community based punishment and sentenced defendant to forty-five days imprisonment. This sentence was suspended and defendant was placed on supervised probation for twenty-four months. Defendant appeals.\nIT. Required Findings of Fact\nIn his only argument, defendant contends that the trial court erred in placing him on probation for twenty-four months without making the findings required by N.C. Gen. Stat. \u00a7 15A-1343.2(d). The State concedes this error and we agree.\nN.C. Gen. Stat. \u00a7 15A-1343.2(d) provides, in part, that \u201c[u]nless the court makes specific findings that longer or shorter periods of probation are necessary,\u201d the length of probation for misdemeanants sentenced to community punishment shall be \u201cnot less than six nor more than 18 months[.]\u201d N.C. Gen. Stat. \u00a7 15A-1343.2(d)(l) (2007). The judgment contains no finding supporting the twenty-four month period of probation. Nor does the trial transcript indicate that the trial court verbally made any such finding.\nThe judgment is vacated and this matter is remanded to the trial court for a new sentencing hearing.\nDefendant does not argue his remaining assignments of error, and they are deemed abandoned. N.C.R. App. P. 28(b)(6) (2008).\nNO ERROR AS TO TRIAL, JUDGMENT VACATED AND REMANDED FOR A NEW SENTENCING HEARING.\nChief Judge MARTIN and Judge CALABRIA concur.",
        "type": "majority",
        "author": "STEELMAN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Roy Cooper, by Assistant Attorney General Donna D. Smith, for the State.",
      "Don Willey, for defendant-appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. DONALD LAMOND\nNo. COA08-940\n(Filed 21 April 2009)\nSentencing\u2014 supervised probation \u2014 twenty-four months \u2014 required findings \u2014 not made\nThe trial court erred by sentencing defendant to supervised probation for twenty-four months for simple assault without making the findings required by N.C.G.S. \u00a7 15A-1343.2(d), which requires specific findings for misdemeanants sentenced to community punishment for more than eighteen months.\nAppeal by defendant from judgment entered 30 January 2008 by Judge Ronald L. Stephens in Durham County Superior Court. Heard in the Court of Appeals 6 April 2009.\nAttorney General Roy Cooper, by Assistant Attorney General Donna D. Smith, for the State.\nDon Willey, for defendant-appellant."
  },
  "file_name": "0515-01",
  "first_page_order": 543,
  "last_page_order": 544
}