STATE v. RHODES

No. COA03-270.

592 S.E.2d 731 (2004)

STATE of North Carolina v. William Fredrick RHODES, Defendant.

Court of Appeals of North Carolina.

March 2, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Anne M. Middleton, for the State.

Carol Ann Bauer, Morganton, for defendant-appellant.


GEER, Judge.

Defendant appeals from his sentence entered after the trial court, on its own motion, reopened his sentencing hearing and imposed a sentence inconsistent with the plea agreement between defendant and the State. Because we conclude that the trial court erred in resentencing defendant without affording him the opportunity to withdraw his guilty plea, we vacate defendant's sentence and remand the matter to the...

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