Summary
holding that the trial court impermissibly sentenced defendant on the basis of his refusal to enter a guilty plea on the basis of its comments that, "'if you pled straight up I'd sentence you at the bottom of the mitigated range,'" but that "'if you go to trial and [are] convicted,'" the defendant "would definitely get a sentence in the presumptive range'"
Summary of this case from State v. PinkertonOpinion
No. 577P04
3 March 2005
ORDER
Upon consideration of the petition filed on the 9th day of November 2004 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
Denied by order of the Court in conference, this the 3rd day of March 2005.