An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA04-1192


Filed: 6 September 2005


         v.                        Davidson County
                                Nos. 03 CRS 8820
BEVERLY MICHELLE FLOYD,                    03 CRS 56598

    Appeal by defendant from judgment entered 5 January 2004 by Judge Susan C. Taylor in the Superior Court in Davidson County. Heard in the Court of Appeals 22 August 2005.

    Attorney General Roy Cooper, by Special Deputy Attorney General Kathleen M. Waylett, for the State.

    Eric A. Bach, for defendant-appellant.

    HUDSON, Judge.

    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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