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NC General Statutes

N.C. Gen. Stat. § 15A-1024 (2026)

Withdrawal of guilty plea when sentence not in accord with plea arrangement

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If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant that he may withdraw his plea. Upon withdrawal, the defendant is entitled to a continuance until the next session of court. (1973, c. 1286, s. 1.)

 

Notes of Decisions
Cited in 32 cases (6 in the last 5 years), 1976–2025 · leading case: State v. Zubiena, 796 S.E.2d 40 (N.C. Ct. App. 2016).
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State v. Zubiena, 796 S.E.2d 40 (N.C. Ct. App. 2016). · cites it 50× “Pursuant to N.C. Gen. Stat. § 15A-1024, [i]f at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant that he…”
State v. Marsh, 829 S.E.2d 245 (N.C. Ct. App. 2019). · cites it 22× “N.C. Gen. Stat. § 15A-1024 (2017) (emphasis added).”
State v. Rhodes, 592 S.E.2d 731 (N.C. Ct. App. 2004). · cites it 10× “We agree that the trial court failed to comply with N.C. Gen. Stat. § 15A-1024. That statute provides: If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform…”
State v. Wall, 605 S.E.2d 205 (N.C. Ct. App. 2004). · cites it 20× “N.C. Gen. Stat. § 15A-1024 (2003) (emphasis added).”
Lineberger v. North Carolina Dep't of Corr., 657 S.E.2d 673 (N.C. Ct. App. 2008). · cites it 10× “2d 37, 38 (2003); N.C. Gen.Stat. §§ 15A-1024, 15A-1444 (2003).”
State v. Blount, 703 S.E.2d 921 (N.C. Ct. App. 2011). · cites it 8× “” We, therefore, conclude that the indictment in this case is sufficient under § 14-3(b) to allege felony obstruction of justice.”
State v. Carriker, 637 S.E.2d 557 (N.C. Ct. App. 2006). · cites it 8× “N.C. Gen. Stat. § 15A-1024 (2006) provides: If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant that he…”
State v. Russell, 570 S.E.2d 245 (N.C. Ct. App. 2002). · cites it 5× “N.C.G.S. § 15A-1024 (2001). If the sentence imposed is consistent with the plea agreement, the defendant is entitled to withdraw his plea upon a showing of manifest injustice.”
State v. Williams, 230 S.E.2d 515 (N.C. 1976). · cites it 4× “G.S. 15A-1024 provides: If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant that he may withdraw his…”
In re Wh, 603 S.E.2d 356 (N.C. Ct. App. 2004). · cites it 4× “N.C. Gen.Stat. § 15A-1024 (2003) provides that: If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant…”
In re W.H., 166 N.C. App. 643 (N.C. Ct. App. 2004). · cites it 4× “N.C. Gen. Stat. § 15A-1024 (2003) provides that: If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement between the parties, the judge must inform the defendant of that fact and inform the defendant…”
State v. Pennell, 758 S.E.2d 383 (N.C. 2014). · cites it 3× “2d at 410 ) (summarizing the defendant’s options to assert error as (1) filing a motion under N.C.G.S. § 15A-1024 to withdraw her guilty plea based on the judgments being inconsistent with the plea agreement, (2) appealing within ten days after entry of the judgments if her…”
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