State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1022_1

§ 15A‑1022.1.  Procedurein accepting admissions of the existence of aggravating factors in felonies.

(a)        Before accepting aplea of guilty or no contest to a felony, the court shall determine whether theState intends to seek a sentence in the aggravated range. If the State doesintend to seek an aggravated sentence, the court shall determine which factorsthe State seeks to establish. The court shall determine whether the State seeksa finding that a prior record level point should be found under G.S. 15A‑1340.14(b)(7).The court shall also determine whether the State has provided the notice to thedefendant required by G.S. 15A‑1340.16(a6) or whether the defendant haswaived his or her right to such notice.

(b)        In all cases inwhich a defendant admits to the existence of an aggravating factor or to afinding that a prior record level point should be found under G.S. 15A‑1340.14(b)(7),the court shall comply with the provisions of G.S. 15A‑1022(a). Inaddition, the court shall address the defendant personally and advise thedefendant that:

(1)        He or she isentitled to have a jury determine the existence of any aggravating factors orpoints under G.S. 15A‑1340.14(b)(7); and

(2)        He or she has theright to prove the existence of any mitigating factors at a sentencing hearingbefore the sentencing judge.

(c)        Before accepting anadmission to the existence of an aggravating factor or a prior record levelpoint under G.S. 15A‑1340.14(b)(7), the court shall determine that thereis a factual basis for the admission, and that the admission is the result ofan informed choice by the defendant. The court may base its determination onthe factors specified in G.S. 15A‑1022(c), as well as any otherappropriate information.

(d)        A defendant mayadmit to the existence of an aggravating factor or to the existence of a priorrecord level point under G.S. 15A‑1340.14(b)(7) before or after the trialof the underlying felony.

(e)        The proceduresspecified in this Article for the handling of pleas of guilty are applicable tothe handling of admissions to aggravating factors and prior record points underG.S. 15A‑1340.14(b)(7), unless the context clearly indicates that theyare inappropriate. (2005‑145,s. 4.)