State v. Reed

Court of Appeals of North Carolina

State v. Reed

165 S.E.2d 674, 4 N.C. App. 109, 1969 N.C. App. LEXIS 1451

CourtCourt of Appeals of North Carolina

DecidedFebruary 26, 1969

Docket6918SC117

StatusPublished

Cited by4 cases

This text of 165 S.E.2d 674 (State v. Reed) 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. Reed, 165 S.E.2d 674, 4 N.C. App. 109, 1969 N.C. App. LEXIS 1451 (N.C. Ct. App. 1969).

Pincite

Opinion

Mallard, C.J.

Counsel for defendant concedes in his brief that he has found no error in the proceedings in the trial court.

We have carefully examined the record and find no prejudicial error therein. The maximum punishment for the felony of breaking and entering is ten years imprisonment. G.S. 14-54. The maximum punishment is also ten years imprisonment for the felony of larceny of property from a building referred to in G.S. 14-72 by breaking or entering therein with intent to steal. State v. Greer, 270 N.C. 143, 153 S.E. 2d 849; State v. Morgan, 265 N.C. 597, 144 S.E. 2d 633; State v. Cooper, 256 N.C. 372, 124 S.E. 2d 91. The sentence imposed in this case does not exceed the statutory maximum.

The defendant freely, understanding^ and voluntarily entered a plea of guilty as charged to the first two counts in the bill of indictment. The plea was made without undue influence, compulsion or duress, and without promise of leniency, after the defendant had been advised that upon such pleas of guilty he could be imprisoned for as much as twenty years. The law is succinctly stated in State v. Wilson, 270 N.C. 299, 154 S.E. 2d 102, as follows:

“The sentences imposed by the court do not exceed the statutory maximum. G.S. 14-2, G.S. 14-54, G.S. 14-70 and G.S. 14-72; State v. Cooper, 256 N.C. 372, 124 S.E. 2d 91. When punishment does not exceed the limits fixed by the statute, it cannot be considered cruel and unusual punishment in a constitutional sense.’ State v. Davis, 267 N.C. 126, 147 S.E. 2d 570; State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216; State v. Daniels, 197 N.C. 285, 148 S.E. 244.”

In the trial we find

No error.

Bbitt and PaeiceR, JJ., concur.

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Mallard, C.J.

Counsel for defendant concedes in his brief that he has found no error in the proceedings in the trial court.

We have carefully examined the record and find no prejudicial error therein. The maximum punishment for the felony of breaking and entering is ten years imprisonment. G.S. 14-54. The maximum punishment is also ten years imprisonment for the felony of larceny of property from a building referred to in G.S. 14-72 by breaking or entering therein with intent to steal. State v. Greer, 270 N.C. 143, 153 S.E. 2d 849; State v. Morgan, 265 N.C. 597, 144 S.E. 2d 633; State v. Cooper, 256 N.C. 372, 124 S.E. 2d 91. The sentence imposed in this case does not exceed the statutory maximum.

The defendant freely, understanding^ and voluntarily entered a plea of guilty as charged to the first two counts in the bill of indictment. The plea was made without undue influence, compulsion or duress, and without promise of leniency, after the defendant had been advised that upon such pleas of guilty he could be imprisoned for as much as twenty years. The law is succinctly stated in State v. Wilson, 270 N.C. 299, 154 S.E. 2d 102, as follows:

“The sentences imposed by the court do not exceed the statutory maximum. G.S. 14-2, G.S. 14-54, G.S. 14-70 and G.S. 14-72; State v. Cooper, 256 N.C. 372, 124 S.E. 2d 91. When punishment does not exceed the limits fixed by the statute, it cannot be considered cruel and unusual punishment in a constitutional sense.’ State v. Davis, 267 N.C. 126, 147 S.E. 2d 570; State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216; State v. Daniels, 197 N.C. 285, 148 S.E. 244.”

In the trial we find

No error.

Bbitt and PaeiceR, JJ., concur.

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Bluebook (online)

165 S.E.2d 674, 4 N.C. App. 109, 1969 N.C. App. LEXIS 1451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reed-ncctapp-1969.

Opinion

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