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269 N.C. 697

State v. Carter

Supreme Court of North Carolina

Decided March 22, 1967

Supreme Court of North Carolina · decided 1967-03-22

Cited by 4 later decisions — most recently July 1978

4 state decisions

Relies on State v. Cooper · State v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1967-03-22

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Per Curiam.

¶1Defendant’s sole assignment of error is that the court erred in pronouncing an excessive, cruel and unreasonable punishment and the record proper does not support the judgment as set out.

¶2Defendant’s plea of nolo contendere to the three felony counts permitted the judge to impose sentences totaling 30 years. G.S. 14-2, G.S. 14-54, G.S. 14-70 and G.S. 14-72; State v. Cooper, 256 N.C. 372, 124 S.E. 2d 91. “When punishment does not exceed the limits fixed by the statute, it cannot be considered cruel and unusual punishment in a constitutional sense.” State v. Davis, 267 N.C. 126, 147 S.E. 2d 570. The sentences imposed were well within the statutory limits.

¶3The record reveals that defendant was aware of the sentences that could be imposed before his plea of guilty was entered.

¶4We have also carefully reviewed the record proper, and can find no reversible error on the face of the record.

¶5No error.

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