{
  "id": 8551376,
  "name": "STATE OF NORTH CAROLINA v. CARL WORTHINGTON",
  "name_abbreviation": "State v. Worthington",
  "decision_date": "1975-10-01",
  "docket_number": "No. 7522SC415",
  "first_page": "167",
  "last_page": "168",
  "citations": [
    {
      "type": "official",
      "cite": "27 N.C. App. 167"
    }
  ],
  "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": [
    {
      "cite": "211 S.E. 2d 645",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "24 N.C. App. 484",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8552264
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/24/0484-01"
      ]
    }
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  "last_updated": "2023-07-14T22:44:36.927205+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Martin concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. CARL WORTHINGTON"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nA youthful offender is a person under the age of 21 at the time of conviction. G.S. 148-49.2.\nWhen sentencing' a youthful offender, the court may- commit him to the custody of the Secretary of Correction as a \u201ccommitted youthful offender.\u201d G.S. 148-49.4.\n\u201cIf the court shall find that the youthful- offender will not derive benefit from treatment and supervision pursuant to this Article, then the court may sentence the youthful offender under any other applicable penalty provision.\u201d G.S. 148-49.4. (Emphasis added.)\nIn the case before us, the record discloses the following.\n\u201cCourt-appointed counsel for the defendant asked the presiding Judge to commit the defendant as a committed youthful offender, which request the Court denied without further comment.\u201d\nIt might be argued, therefore, that the court did consider the sentencing option, rejected it and thereby made an implied \u201cno- benefit\u201d finding. We hold, however, that the plain meaning of the statute requires that, before sentencing a youthful offender under any other applicable penalty provision, the judge must expressly state that he finds the defendant will not derive benefit from commitment as a \u201ccommitted youthful offender.\u201d That finding need not be accompanied by supporting reasons, State v. Mitchell, 24 N.C. App. 484, 211 S.E. 2d 645, and is not a subject for appellate review. Within the limits provided by law, the sentence to be imposed remains within the sole dis-r cretion of the trial court.\nThe judgment is vacated and the case is remanded to the end that the Superior Court conduct further proceedings, consistent with this opinion, and resentence the defendant.\nVacated and remanded.\nChief Judge Brock and Judge Martin concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Assistant Attorney General Robert P. Gruber and Associate Attorney Jerry J. Rutledge, for the State. - -",
      "Jay F. Frank, for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. CARL WORTHINGTON\nNo. 7522SC415\n(Filed 1 October 1975)\n1. Infants \u00a7 10\u2014 youthful offender \u2014 definition\nA youthful offender is a person under the age of 21 at the time of conviction. G.S. 148-49.2.\n2. Criminal Law \u00a7 134\u2014 youthful offender \u2014 finding required prior to sentencing\nBefore- sentencing a youthful offender under any other applicable penalty provision, the judge must expressly state that he finds the . defendant will not derive benefit from commitment as a \u201ccommitted youthful offender\u201d; such finding need not be accompanied by supporting reasons and is not a subject for appellate review.\nOn certiorari to review trial before Seay, Judge. Judgment entered 10 February 1975 in Superior Court, Iredell County. Heard in the Court of Appeals 15 September 1975.\nDefendant entered pleas of guilty to four charges of felonious breaking or entering and three charges of felonious larceny. The cases were consolidated and a judgment imposing a prison sentence of ten years was entered. Defendant was then 16 years old.\nAttorney General Edmisten, by Assistant Attorney General Robert P. Gruber and Associate Attorney Jerry J. Rutledge, for the State. - -\nJay F. Frank, for defendant appellant."
  },
  "file_name": "0167-01",
  "first_page_order": 195,
  "last_page_order": 196
}