State v. Graham

Court of Appeals of North Carolina

State v. Graham

223 S.E.2d 842, 29 N.C. App. 234, 1976 N.C. App. LEXIS 2451

CourtCourt of Appeals of North Carolina

DecidedApril 21, 1976

DocketNo. 763SC28

StatusPublished

Cited by1 cases

This text of 223 S.E.2d 842 (State v. Graham) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Graham, 223 S.E.2d 842, 29 N.C. App. 234, 1976 N.C. App. LEXIS 2451 (N.C. Ct. App. 1976).

Pincite

Opinion

VAUGHN, Judge.

We have considered all of the assignments of error brought forward and, except as hereinafter stated, find them to be without merit.

Each defendant was convicted of armed robbery and assault with a deadly weapon. All offenses arose out of the same occurrence. A defendant, having been convicted of armed robbery, cannot be convicted of the lesser offense of assault with a deadly weapon where both offenses arise out of the same act. We must, therefore, arrest judgment in the assault with a deadly weapon cases.

As to each defendant, the judge consolidated the cases for judgment and ordered the imposition of a single sentence. It is necessary, therefore, to remand the cases for entry of a proper judgment against each defendant on the armed robbery conviction.

Nos. 75CR4999 and 75CR4960 (the armed robbery cases) are remanded for resentencing.

In Nos. 75CR4998 and 75CR4959 (the assault with a deadly weapon cases) the judgments are arrested.

Judges Britt and Arnold concur.

Free access — add to your briefcase to read the full text and ask questions with AI