{
  "id": 8524486,
  "name": "STATE OF NORTH CAROLINA v. REGINALD SCOTT WATSON",
  "name_abbreviation": "State v. Watson",
  "decision_date": "1983-12-06",
  "docket_number": "No. 8326SC293",
  "first_page": "411",
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  "last_updated": "2023-07-14T21:11:09.312138+00:00",
  "provenance": {
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  "casebody": {
    "judges": [
      "Judges Hedrick and Becton concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. REGINALD SCOTT WATSON"
    ],
    "opinions": [
      {
        "text": "WHICHARD, Judge.\nI.\nDefendant, then eighteen years of age, was convicted of armed robbery and sentenced to imprisonment of from fifty to seventy years. On appeal by defendant and a co-defendant, this court remanded for resentencing because the trial court sentenced the defendants as adult offenders without first finding that they would not benefit from the treatment provided youthful offenders in G.S. 148-49.10 et seq. State v. Drakeford, 37 N.C. App. 340, 347-48, 246 S.E. 2d 55, 60 (1978).\nUpon resentencing the trial court determined that defendant would not benefit from resentencing as a youthful offender. It further ruled that, as a matter of law, it was without authority to sentence defendant de novo.\nSubsequent to that resentencing, this Court held that a resentencing hearing upon remand for a finding under the youthful offender statute is to be de novo, and that the court can enhance or reduce the sentence \u201cif based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding.\u201d State v. Lewis, 38 N.C. App. 108, 110, 247 S.E. 2d 282, 284 (1978). The trial court thereafter found that defendant had filed a motion for appropriate relief which alleged sufficient grounds for a resentencing hearing, and it ordered that a hearing for that purpose be held. At that hearing counsel for defendant asked for \u201csome reduction of the original sentence.\u201d The court declined the request, stating, inter alia:\nNow, I\u2019m not sitting here as the Board of Parole to recommend commutation of sentence. I\u2019m sitting here on a re-sentencing hearing as to the situation at the time of the original offense. . . . I\u2019m not here about what has happened to him since then. This is a resentencing based on factors relative to sentencing as they appeared when he was sentenced.\nI\u2019m not considering what he\u2019s done since he\u2019s been in prison or what his correction officials say. Those are matters for the Board of Parole under the law. The only thing before me is whether this sentence at the time, and considering resen-tence and the factors and things that are relevant to criminal sentences, have been supported by the Judge\u2019s action at that time, supported by the evidence before him.\nI can\u2019t sit as a Board of Paroles and recommend commutation of the sentence.\nI\u2019m going to let the sentence stand as it is.\nIt thereupon ordered that the motion for resentencing be denied, and that the original judgment be confirmed.\nDefendant appeals from this order.\nII.\nIn State v. Lewis, supra, this Court stated:\nIn making [the] determination [of \u201cbenefit\u201d or \u201cno benefit\u201d pursuant to G.S. 148-49.10 et seq.] circumstances relevant to the imposition of the sentence may be considered by the judge which were not considered by a judge who failed to comply with the statutory mandate in imposing sentence. Fairness to the defendant in imposing sentence requires that the resentencing be de novo with the sentencing judge having authority to impose a new sentence rather than limiting resentencing to a determination of whether the youthful offender would benefit from treatment as a committed youthful offender. On resentencing the judge may find that defendant would benefit from treatment as a committed youthful offender and impose a sentence as provided by G.S. 148-49.14, or make a \u2018no benefit\u2019 finding and impose the same sentence, or a lesser sentence, or a greater sentence if based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding.\nId. (emphasis supplied).\nIt appears from the trial court\u2019s resentencing hearing statements, quoted above, that it refused to consider evidence of defendant\u2019s conduct subsequent to entry of his original sentence, or to consider reduction of his original sentence on the basis thereof, on the ground that it lacked legal authority to do so. Under State v. Lewis, supra, it had that authority. The resentenc-ing having thus apparently been performed pursuant to a misapprehension of the applicable law, the cause is remanded for resentencing.\nThe court has the authority to reimpose the original sentence if it chooses. Id. It must do so, however, if at all, in cognizance of its authority to do otherwise if \u201cobjective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding\u201d so indicates. Id.\nRemanded for resentencing.\nJudges Hedrick and Becton concur.",
        "type": "majority",
        "author": "WHICHARD, Judge."
      },
      {
        "text": "Judge BECTON\nconcurring.\nAlthough I find the trial court\u2019s reasoning sound, I am compelled to concur on the basis of this Court\u2019s decision in State v. Lewis, 38 N.C. App. 108, 247 S.E. 2d 282 (1978).",
        "type": "concurrence",
        "author": "Judge BECTON"
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Special Deputy Attorney General Jo Anne Sanford, for the State.",
      "Gillespie & Lesesne, by Louis L. Lesesne, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. REGINALD SCOTT WATSON\nNo. 8326SC293\n(Filed 6 December 1983)\nCriminal Law 8 138.6\u2014 resentencing hearing \u2014 improper consideration of evidence\nIn a resentencing hearing, the trial court erred in refusing to consider evidence of defendant\u2019s conduct subsequent to entry of his original sentence, or to consider reduction of his original sentence on the basis thereof.\nJudge Becton concurring.\nOn writ of certiorari to review order entered by Snepp, Judge. Order entered 24 September 1982 in Superior Court, MECKLENBURG County. Certiorari allowed by the Court of Appeals 18 November 1982. Heard in the Court of Appeals 15 November 1983.\nAttorney General Edmisten, by Special Deputy Attorney General Jo Anne Sanford, for the State.\nGillespie & Lesesne, by Louis L. Lesesne, Jr., for defendant appellant."
  },
  "file_name": "0411-01",
  "first_page_order": 443,
  "last_page_order": 446
}