If an offense set for trial in the district court under the terms of G.S. 15A-604(b)(4) or any provision of G.S. 15A-612 is a lesser included offense of the charge before the court on a pleading, the judge may:
(1) Accept a plea of guilty or no contest, with the consent of the prosecutor; or
(2) Proceed to try the offense immediately, with the consent of both the defendant and the prosecutor.
Otherwise, the judge must enter an appropriate order for subsequent calendaring of the case for trial in the district court. The trial so ordered may not be earlier than five working days nor later than 15 working days from the date of the order. The judge must note in the case records the new offense with which the defendant is charged, has been tried, or to which he entered a plea of guilty or no contest. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
Sections: Previous 15A-602 15A-603 15A-604 15A-605 15A-606 15A-611 15A-612 15A-613 15A-614 15A-615 15A-621 15A-622 15A-623 15A-624 15A-626 Next
Last modified: March 23, 2014