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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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An individual was sentenced by North Carolina law under GS

Customer Question

An individual was sentenced by North Carolina law under GS 148-49.1, youthful offender. I have three questions.
1. Does the conviction diappear in 10 yrs?

2. Can a committed youthful offender sentence be used under NC law as a prior for a sentence enhancement for a habitual felony offender?

3. What are the governing statutes?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RBinJax replied 5 years ago.
When did the conviction under GS 148.49.1 occur?
Customer: replied 5 years ago.
On or about May of 1980.
Expert:  RBinJax replied 5 years ago.
I will research this and get back to you. The law in question has been repealed and it will take a few minutes to research where its equivalent now resides in the statutes. I will respond as soon as possible.
Customer: replied 5 years ago.
OK. Thanks.
Expert:  RBinJax replied 5 years ago.

I apologize but my search engine will not allow me to go back to the statute as it existed at the time of the sentencing, and as I need to review the language of the statute as it was at that time to answer your question, I will opt out so that another expert can try to do so.

 

Customer: replied 5 years ago.
Thank you for your time and consideration.
Expert:  RBinJax replied 5 years ago.
Again, I apologize, but I want you to have a good experience in using JustAnswer and there are many oher experts available who can assist you. Good luck.
Customer: replied 5 years ago.
OK. Thanks again.
Customer: replied 5 years ago.
time to try some one new
Customer: replied 5 years ago.
still waiting
Expert:  Zoey_ JD replied 5 years ago.
Hi,

I can't answer your question definitively either, but this issue, while interesting, is probably not particularly unique. If you haven't tried this already, you might simply call your local public defender's office and ask them. I'm reasonably certain that they'd have to be familiar with the problem and should be in a position to cite statutory authority and/or NC case law.

_________
If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17343
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.