State v. Steward

Supreme Court of North Carolina

State v. Steward

411 S.E.2d 376, 330 N.C. 607, 1992 N.C. LEXIS 15

CourtSupreme Court of North Carolina

DecidedJanuary 10, 1992

Docket240A91

StatusPublished

Cited by5 cases

This text of 411 S.E.2d 376 (State v. Steward) is published on Counsel Stack Legal Research, covering Supreme Court 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. Steward, 411 S.E.2d 376, 330 N.C. 607, 1992 N.C. LEXIS 15 (N.C. 1992).

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Opinion

PER CURIAM.

Defendant was convicted of trafficking in cocaine by possession and trafficking in cocaine by transportation, in violation of N.C.G.S. § 90-95(h)(3), and sentenced to two consecutive seven-year terms of imprisonment. The same cocaine was involved in both offenses. A majority of the Court of Appeals panel, Chief Judge Hedrick and Judge Wells, concluded there was no error in the trial or in the imposition of consecutive sentences, relying for the latter point on State v. Perry, 316 N.C. 87, 340 S.E.2d 450 (1986). Judge Eagles, dissenting in part, concluded that under State v. Moore, 327 N.C. 378, 395 S.E.2d 124 (1990), defendant could not be convicted of nor sentenced for but one crime.

The majority of the Court of Appeals correctly held that Perry governs the sentencing issue and that, under it, defendant could be convicted of and sentenced for two different crimes. The decision of the Court of Appeals is, therefore,

Affirmed.

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PER CURIAM.

Defendant was convicted of trafficking in cocaine by possession and trafficking in cocaine by transportation, in violation of N.C.G.S. § 90-95(h)(3), and sentenced to two consecutive seven-year terms of imprisonment. The same cocaine was involved in both offenses. A majority of the Court of Appeals panel, Chief Judge Hedrick and Judge Wells, concluded there was no error in the trial or in the imposition of consecutive sentences, relying for the latter point on State v. Perry, 316 N.C. 87, 340 S.E.2d 450 (1986). Judge Eagles, dissenting in part, concluded that under State v. Moore, 327 N.C. 378, 395 S.E.2d 124 (1990), defendant could not be convicted of nor sentenced for but one crime.

The majority of the Court of Appeals correctly held that Perry governs the sentencing issue and that, under it, defendant could be convicted of and sentenced for two different crimes. The decision of the Court of Appeals is, therefore,

Affirmed.

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Bluebook (online)

411 S.E.2d 376, 330 N.C. 607, 1992 N.C. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-steward-nc-1992.

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