Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
About
This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.
Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.
Instructions
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(1) The defendant’s argument that the trial court erred by sentencing him for both assault on a female and assault by strangulation was preserved for appellate review. The argument was based on mandatory language in G.S. 14-33(c) that prohibited double punishment. When the trial court acts contrary to a statutory mandate, the defendant’s right to appeal is preserved despite failure to object at trial.
(2) Although the defendant failed to raise the issue at sentencing, his argument that the trial court’s findings were insufficient to support its lifetime registration and SBM orders was preserved for appellate review. This issue in question implicated a statutory mandate.