The defendant-juvenile admitted to pointing a shotgun at his mother, and the trial court entered a disposition order placing the juvenile in DSS custody. As all parties agree, the trial court failed to make the findings of fact required by G.S. §§ 7B-2501(c), -2506(1)(c) and -2512. We vacate the disposition order and remand for findings. .
If defendant had been sentenced under the First Step Act – passed shortly after defendant was sentenced but expressly not retroactively applicable – his 168-month sentence would have been less than half the sentence he received pursuant to his plea agreement (384 months for two counts of brandishing a firearm during and in relation to .
Defendant alleges that the government made misrepresentations about the DNA tests that contributed to his conviction. However, he filed his motion for relief under Fed. R. Civ. P. 60(b)(3) well outside the rule’s one-year limit. On this matter of first impression, we agree with our sister circuits that Rule 60(b)(3)’s time limit is a mandatory .
The fact that a drug dog failed to alert on defendant’s car did not require law enforcement officers or the trial court to ignore all the other circumstances giving rise to the officers’ probable cause to search defendant’s car. We affirm the trial court’s denial of defendant’s motion to suppress the heroin found in his .
Queens District Attorney Melinda Katz announced the creation of a new division in her office dedicated to investigating and prosecuting criminals who prey on