263 N.C. 824 - State v. Whaley

How this case has been cited

Cited by 48 later decisions — most recently June 2011 · most notably State v. Sturdivant (1981), State v. McWilliams (1971)

48 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Pee Curiam.

¶1 The record discloses the following as the defendant’s sole assignment of error:

“1. The Court’s action in pronouncing judgment against the defendant in #5632A (Count One) and #5632B (Count One) for the reason that said sentences are cruel and unusual, excessive, harsh, and unreasonable punishment and in violation of defendant’s rights under the law of North Carolina.”

¶2 The sentence of five years imposed by Judge Campbell on the second count in each bill runs concurrently with the sentence on the first count. Hence the total term of imprisonment is -20 years. The statute permits a maximum of ten years on each of the four counts. The Court had discretionary power to make the sentences run concurrently or consecutively. The punishment imposed is within the limits authorized by statute. When punishment does not exceed the limits fixed by the statute, it cannot be considered cruel or unusual in a constitutional sense. State v. Welch, 232 N.C. 77, 59 S.E. 2d 199; State v. Stansbury, 230 N.C. 589, 55 S.E. 2d 185.

¶3 Affirmed.