STATE OF NORTH CAROLINA
v. Davidson County
Nos. 03 CRS 8820
BEVERLY MICHELLE FLOYD, 03 CRS 56598
Attorney General Roy Cooper, by Special Deputy Attorney
General Kathleen M. Waylett, for the State.
Eric A. Bach, for defendant-appellant.
Defendant Beverly Michelle Floyd was arrested for the first
degree murder of William Craig Walser on 7 July 2003. After 45
days in custody on the murder charge, she was indicted for robbery
with a dangerous weapon (armed robbery) arising out the same
incident as the murder charge. Pursuant to a plea agreement,
defendant pled guilty to the armed robbery charge and was sentenced
as a prior record level I offender to a presumptive term of 64-86
months imprisonment. The court awarded defendant 91 days of credit
for time spent in custody on the robbery charge. The court did not
give defendant credit for the 45 days she spent in jail on the
murder charge prior to her indictment for armed robbery. Inexchange for defendant's guilty plea, the State dismissed the
murder charge. Defendant appeals.
Defendant attempts to appeal from the oral rendering of a ruling on her 9 February 2004 motion for jail credit. There is no evidence in the record that the court entered an order denying this motion. In the interest of judicial economy, we construe defendant's motion for jail credit as a motion for appropriate relief, and treat defendant's appeal as a petition for writ of certiorari. However, we conclude that defendant's interpretation of N.C. Gen. Stat. 15-196.1, that defendant is entitled to pretrial credit associated with her detention on the murder charge, is erroneous. The record reflects that defendant received credit for all the time associated with the charge that culminated in the sentence[,] that is, the charge of robbery with a dangerous weapon in 03 CRS 8820. We conclude that the court gave defendant the credit required by N.C. Gen. Stat. 15-196.1. Because the court's ruling was not erroneous, we deny the petition for certiorari and dismiss this appeal.
Judges MCGEE and LEVINSON concur.
Report per Rule 30(e).
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