Even though defendant argues that a dash cam video shows no evidence of him breathing heavily when a state trooper asked him about his arrest history, the trooper testified that “you can look at the shirt, and elevated breathing, it’s visible through a T-shirt. It’s visible through some button-up shirts where the person starts breathing .
After entering an Alford plea to multiple breaking and entering and theft charges, defendant was sentenced to prison. Thereafter, defendant filed at least 42 pro se motions requesting (1) production of a “stenographic transcript” and taped audio recording of his plea hearing, (2) the return to defendant of certain evidence seized pursuant to a search .
When defendant was initially sentenced for interfering with an electronic monitoring device, the trial court recommended Advanced Supervised Release (ASR); however, the Department of Public Safety noted that the sentencing range was incorrect. When the trial court corrected the sentencing range, it failed to recommend ASR. The state concedes that this was a clerical error. .
One sentencing point increased defendant’s prior record level from III to IV. That point came from G.S. § 15A-1340.14(b)(7), i.e., the offense was committed while defendant was on probation, parole, or post-release supervision. Although the record does not show that defendant received the statutorily required 30 days’ notice of the state’s intent to pursue this .
A detective failed to show probable cause for an order to obtain defendant’s historical cellphone location data when he based his application on uncorroborated information from an anonymous source, who was not shown to be reliable. Moreover, there is no good faith exception to the exclusionary rule under the North Carolina Constitution. We reverse the .