State v. Robertson

Court of Appeals of North Carolina

State v. Robertson

189 S.E.2d 568, 15 N.C. App. 223, 1972 N.C. App. LEXIS 1873

CourtCourt of Appeals of North Carolina

DecidedJune 28, 1972

DocketNo. 7221SC456

StatusPublished

This text of 189 S.E.2d 568 (State v. Robertson) 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. Robertson, 189 S.E.2d 568, 15 N.C. App. 223, 1972 N.C. App. LEXIS 1873 (N.C. Ct. App. 1972).

Pincite

Opinion

MORRIS, Judge.

Defendant’s sole contention on appeal is that he should be given the benefit of the reduced sentence provided under the North Carolina Controlled Substances Act, effective 1 January 1972, wherein a first offense of possession of marijuana is a misdemeanor punishable by not more than six months or $500 [G.S. 90-95 (e)]. Because the offense was committed prior to 1 January 1972, however, the pre-existing law as to prosecution and punishment under the Uniform Narcotic Drug Act (Articles 5 and 5A, Chapter 90 of the General Statutes prior to the 1972 re-write) remains in full force and effect, and defendant was properly punished as a felon. State v. Harvey, 281 N.C. 1, 187 S.E. 2d 706 (1972); accord, State v. Oxendine, 15 N.C. App. 222, 189 S.E. 2d 607 (1972).

No error.

Judges Vaughn and Graham concur.

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MORRIS, Judge.

Defendant’s sole contention on appeal is that he should be given the benefit of the reduced sentence provided under the North Carolina Controlled Substances Act, effective 1 January 1972, wherein a first offense of possession of marijuana is a misdemeanor punishable by not more than six months or $500 [G.S. 90-95 (e)]. Because the offense was committed prior to 1 January 1972, however, the pre-existing law as to prosecution and punishment under the Uniform Narcotic Drug Act (Articles 5 and 5A, Chapter 90 of the General Statutes prior to the 1972 re-write) remains in full force and effect, and defendant was properly punished as a felon. State v. Harvey, 281 N.C. 1, 187 S.E. 2d 706 (1972); accord, State v. Oxendine, 15 N.C. App. 222, 189 S.E. 2d 607 (1972).

No error.

Judges Vaughn and Graham concur.

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Bluebook (online)

189 S.E.2d 568, 15 N.C. App. 223, 1972 N.C. App. LEXIS 1873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robertson-ncctapp-1972.

Opinion

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