State v. Galloway, 051920 NCCA, COA19-610

Docket Nº:COA19-610
Opinion Judge:DIETZ, JUDGE
Party Name:STATE OF NORTH CAROLINA v. TYLER JOSEPH GALLOWAY
Attorney:Attorney General Joshua H. Stein, by Assistant Attorney General Jessica Helms, for the State. Guy J. Loranger for defendant.
Judge Panel:Judges MURPHY and COLLINS concur.
Case Date:May 19, 2020
Court:Court of Appeals of North Carolina
 
FREE EXCERPT

STATE OF NORTH CAROLINA

v.

TYLER JOSEPH GALLOWAY

No. COA19-610

Court of Appeals of North Carolina

May 19, 2020

Heard in the Court of Appeals 19 February 2020.

Appeal by defendant from judgments entered 17 and 18 December 2018 by Judge William H. Coward in Henderson County Superior Court Nos. 13 CRS 55306, 55311; 14 CRS 53861, 54044, 54052

Attorney General Joshua H. Stein, by Assistant Attorney General Jessica Helms, for the State.

Guy J. Loranger for defendant.

DIETZ, JUDGE

After Defendant Tyler Joseph Galloway pleaded guilty to multiple offenses, the trial court suspended his three consecutive sentences and placed him on supervised probation. Later, at a probation violation hearing, the trial court revoked Galloway's probation, reactivated his sentences, and awarded him 343 days of jail credit. Galloway appeals the judgments revoking his probation, asking this Court to remand the case to the trial court to determine whether he should have received an additional 107 days of credit.

Under precedent from this Court, Galloway's argument is not suited for appellate review at this time. State v. Cloer, 197 N.C.App. 716, 721, 678 S.E.2d 399, 403 (2009). Accordingly, we dismiss Galloway's appeal without prejudice so that he may, if he chooses, seek relief from the trial court pursuant to N.C. Gen. Stat. § 15-196.4 and then, if necessary, appeal the trial court's determination with a record suitable for meaningful review in this Court.

Facts and Procedural History

On 18 May 2015, Defendant Tyler Joseph Galloway pleaded guilty to three counts of possession of a firearm by a felon, one count of felony larceny, and one count of obtaining property by false pretenses. After consolidating three of the charges, the trial court entered three judgements sentencing Galloway to three consecutive prison terms of 14 to 26 months each. The court suspended these sentences and placed Galloway on supervised probation for 36 months.

On 18 December 2018, the trial court held a probation violation hearing based on violation reports filed earlier that year. Galloway admitted to the trial court that he willfully violated his probation. Before the court revoked Galloway's probation, defense counsel requested that the court grant Galloway 450 days of jail credit. Earlier that day, defense counsel had also filed a "Certification of Defendant's Pretrial Confinement Credit," asserting that...

To continue reading

FREE SIGN UP