State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1417

§ 15A‑1417.  Reliefavailable.

(a)        The followingrelief is available when the court grants a motion for appropriate relief:

(1)        New trial on all orany of the charges.

(2)        Dismissal of all orany of the charges.

(3)        The relief sought bythe State pursuant to G.S. 15A‑1416.

(3a)      For claims of factualinnocence, referral to the North Carolina Innocence Inquiry Commissionestablished by Article 92 of Chapter 15A of the General Statutes.

(4)        Any otherappropriate relief.

(b)        When relief isgranted in the trial court and the offense is divided into degrees ornecessarily includes lesser offenses, and the court is of the opinion that theevidence does not sustain the verdict but is sufficient to sustain a finding ofguilty of a lesser degree or of a lesser offense necessarily included in theone charged, the court may, with consent of the State, accept a plea of guiltyto the lesser degree or lesser offense.

(c)        If resentencing isrequired, the trial division may enter an appropriate sentence. If a motion isgranted in the appellate division and resentencing is required, the case mustbe remanded to the trial division for entry of a new sentence. (1977, c. 711, s. 1; 2006‑184,s. 3.)