Judge Beal found that the aggravating factors outweighed the mitigating factors. He sentenced each defendant to the presumptive prison term of two years, suspended on conditions that included each serving an active jail term of sixty days. On 6 October 1994, the State requested that the judgments be modified. Judge Beal indicated that he would not grant the State's motion. On his own motion, however, he modified the judgments and sentenced each defendant to four years in prison, suspended upon the same conditions.
Defendants first argue the trial court was without authority to modify the judgments.
19 N.C. App. In other instances our cases hold that when the judge finally leaves the bench at any session of court, the session terminates or adjourns whether the time originally set for the session has expired or not. In our opinion the orderly administration of justice requires that a trial session shall terminate or adjourn upon the announcement in open court that the court is adjourned sine die . . . . 27 N.C. App. Because the original judgments and modified judgments in this case were entered during the week of court assigned to Judge Beal and because there had been no adjournment sine die, the trial court had authority to modify the judgments.