State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-613

§15A‑613.  Setting offense for trial in district court.

If an offense set for trial inthe district court under the terms of G.S. 15A‑604(b)(4) or any provisionof G.S. 15A‑612 is a lesser included offense of the charge before thecourt on a pleading, the judge may:

(1)        Accept a plea ofguilty or no contest, with the consent of the  prosecutor; or

(2)        Proceed to try theoffense immediately, with the consent of both the defendant and the prosecutor.

Otherwise, the judge must enteran appropriate order for subsequent calendaring of the case for trial in thedistrict court. The trial so  ordered may not be earlier than five working daysnor later than 15 working days from the date of the order. The judge must notein the case records the new offense with which the defendant is charged, hasbeen tried, or to which he entered a plea of guilty or no contest. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)