If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant that he may withdraw his plea. Upon withdrawal, the defendant is entitled to a continuance until the next session of court.
N.C. Gen. Stat. § 15A-1024
Withdrawal of guilty plea when sentence not in accord with plea arrangement
Applied in 17 court decisions — leading case 163 N.C. App. 191 - State v. Rhodes (2004)
Most recently applied in 265 N.C. App. 652 - State v. Marsh (June 2019)
1973, c. 1286, s. 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.