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17 N.C. App. 329

State v. Tuggle

Court of Appeals of North Carolina

Decided January 31, 1973

Court of Appeals of North Carolina · decided 1973-01-31

Cited by 1 later decisions — most recently May 1973

1 state decisions

Relies on Colten v. Commonwealth of Kentucky · State v. Sparrow · State v. Spencer

Good law ✅— No negative treatment on recordhow we know

Decided 1973-01-31

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GRAHAM, Judge.

¶1Defendant directs his only complaints toward the sentence imposed.

¶2First, defendant argues that it was error for the court to consider his driving record without indicating which part of the record, if any, was being considered in imposing sentence. This argument is without merit. We know of no requirement that a trial judge identify the various factors that may have influenced him in arriving at a sentence. Moreover, the record shows that counsel who represented defendant at trial furnished the written record to the judge and thereafter addressed the court. His remarks are not a part of the record, but he certainly had full opportunity to call to the court’s attention any inaccuracy in defendant’s driving record and to present any circumstances in mitigation of the sentence.'

¶3Secondly, defendant contends that it was impermissible for the Superior Court to impose a sentence in excess of the one imposed in the District Court. Similar contentions made in other cases have been repeatedly rejected. State v. Speights, 280 N.C. 137, 185 S.E. 2d 152; State v. Spencer, 276 N.C. 535, 173 S.E. 2d 765; State v. Sparrow, 276 N.C. 499, 173 S.E. 2d 897; State v. Oakley, 15 N.C. App. 224, 189 S.E. 2d 605; State v. Coffey, 14 N.C. App. 642, 188 S.E. 2d 550. Also, see especially Colten v. Kentucky, 407 U.S. 104, 92 S.Ct. 1953, 32 L.Ed. 2d 584.

¶4The six month sentence imposed was within the maximum limit allowed by law. G.S. 20-179 (a) (1). No error appears on the face of the record and we find,

¶5No error.

Judges Campbell and Brock concur.
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