Pleas and Plea AgreementsAugust 2nd, 2017
FiledAugust 2nd, 2017State v. Anderson, N.C. App. , S.E.2d (Aug. 1, 2017). Where a negotiated plea agreement involving several charges included a plea to a crime later held to be unconstitutional, the entire agreement must be set aside. After the jury convicted the defendant of being a sex offender on the premises of a daycare, the defendant pled guilty based on a negotiated plea arrangement to being a sex offender unlawfully within 300 feet of a daycare, failing to report a new address as a sex offender, and three counts of attaining habitual felon status. While his direct appeal was pending, the statute prohibiting a sex offender from being within 300 feet of a daycare was held to be unconstitutional. The court thus held that the defendant’s conviction for that offense must be vacated. Having determined