State v. Rush

In State v. Rush, 158 N.C. App. 738, 582 S.E.2d 37 (2003), the defendant pled guilty to two counts of assault with a deadly weapon on a law enforcement officer and one count of common law robbery. 158 N.C. App. at 739, 582 S.E.2d at 38. The defendant was sentenced to a minimum of twenty-four months and maximum of thirty-eight months on each count. That sentence was suspended and she was placed on probation. Id. Her plea agreement provided for two twenty-four month suspended sentences. Id. The defendant violated her probation twice. Id., 158 N.C. App. at 740, 582 S.E.2d at 38. The court activated her sentence and she was ordered to serve twenty-four to thirty-eight months for each offense. Id. Defendant did not object that the sentence was inconsistent with the plea agreement. Furthermore, rather than appealing the inconsistency, the defendant appealed the activation of her sentence. 158 N.C. App. at 739, 582 S.E.2d at 38. The Court held that defendant could not challenge the activation of the sentence on the basis that it is inconsistent with the plea agreement, because, inter alia, N.C. Gen. Stat. 15A-1027 does not allow noncompliance with procedures governing guilty pleas as a basis for review of a conviction after the appeal period has expired. 158 N.C. App. at 741, 582 S.E.2d at 39.