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265 N.C. 711

144 S.E.2d 901

State v. Garris

Supreme Court of North Carolina

Decided November 24, 1965

Supreme Court of North Carolina · decided 1965-11-24

Key passage — most relied on by later courts

“.“. . . The prison rules and regulations respecting rewards and privileges for good conduct (“good time”) are strictly administrative and not judicial. G.S. 148-13. The legislature has authorized the State Prison Commission to promulgate, publish, enforce and apply such rules. G.S. 148-11. Whether a prisoner shall benefit.thereby depends on his own conduct. The giving or withholding of the rewards and privileges under these rules is not a matter with which the courts are authorized to deal.” State v. Garris, 265 N.C. 711 , 144 S.E. 2d 901 .”

quoted by 1 later decision, including State v. McCall

Good law ✅— No negative treatment on recordhow we know

Decided 1965-11-24

How this case has been cited

Cited by 34 later decisions — most recently May 2012 · most notably State v. Slade (1976), State v. Legette (1977)

2 federal appellate · 30 state decisions

180196519701980199020002010decided

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.

View the full empirical analysis of this case →

PER Cueiam.

¶1 Defendant contends (1) that the sentence imposed is excessive, (2) that the sentence is discriminatory in that other defendants tried on similar charges at the same session were given shorter sentences, and (3) that defendant will suffer double punishment because the prison department “will take (away) all the good time and change his release date,” thereby extending the former sentence and adding thereto the sentence herein imposed.

¶2 The foregoing objections are not sustained. The sentence of one year was not excessive; the court could have imposed a two-year sentence. G.S. 148-45. There is no requirement of law that defendants charged with similar offenses be given the same punishment. The punishment imposed in a particular case, if within statutory limits, is within the sound discretion of the presiding judge. The prison rules and regulations respecting rewards and privileges for good conduct (“good time”) are strictly administrative and not judicial. G.S. 148-13. The legislature has authorized the State Prison Commission to promulgate, publish, enforce and apply such rules. G.S. 148-11. Whether a prisoner shall benefit thereby depends on his own conduct. The giving or withholding of the rewards and privileges under *713 these rules is not a matter with which the courts are authorized to deal.

¶3 Affirmed.

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