State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1023

§ 15A‑1023.  Action byjudge in plea arrangements relating to sentence; no approval required whenarrangement does not relate to sentence.

(a)        If the parties haveagreed upon a plea arrangement pursuant to G.S. 15A‑1021 in which theprosecutor has agreed to recommend a particular sentence, they must disclosethe substance of their agreement to the judge at the time the defendant iscalled upon to plead.

(b)        Before accepting aplea pursuant to a plea arrangement in which the prosecutor has agreed torecommend a particular sentence, the judge must advise the parties whether heapproves the arrangement and will dispose of the case accordingly. If the judgerejects the arrangement, he must so inform the parties, refuse to accept thedefendant's plea of guilty or no contest, and advise the defendant personallythat neither the State nor the defendant is bound by the rejected arrangement.The judge must advise the parties of the reasons he rejected the arrangementand afford them an opportunity to modify the arrangement accordingly. Uponrejection of the plea arrangement by the judge the defendant is entitled to acontinuance until the next session of court. A decision by the judgedisapproving a plea arrangement is not subject to appeal. If a judge rejects aplea arrangement disclosed, in open court, pursuant to subsection (a) of thissection, then the judge shall order that the rejection be noted on the pleatranscript and shall order that the plea transcript with the notation of therejection be made a part of the record.

(c)        If the parties haveentered a plea arrangement relating to the disposition of charges in which theprosecutor has not agreed to make any recommendations concerning sentence, thesubstance of the arrangement must be disclosed to the judge at the time thedefendant is called upon to plead. The judge must accept the plea if hedetermines that the plea is the product of the informed choice of the defendantand that there is a factual basis for the plea.  (1973, c. 1286, s. 1; 1975,c. 166, s. 27; 1977, c. 186; 2009‑179, s. 1.)