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271 N.C. 464

156 S.E.2d 857

State v. Hopper

Supreme Court of North Carolina

Decided September 27, 1967

Supreme Court of North Carolina · decided 1967-09-27

Cited by 8 later decisions — most recently April 1969

8 state decisions

Relies on State v. Elliott

Good law ✅— No negative treatment on recordhow we know

Decided 1967-09-27

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Per Curiam.

¶1 The defendant’s only assignment of error is that the prison sentences imposed constituted cruel and unusual punishment. Upon his pleas of guilty, he could have been given a total of forty years’ imprisonment for the forgery and uttering of the two checks. G.S. 14-119 and G.S. 14-120.

¶2 With a record of two felony convictions in which, so far as the *465 present record shows, he received no active prison sentences, he could hardly hope for further slap-on-the-wrist treatment by the Court. The sentences pronounced herein, while severe, amount to only about a third of the time of imprisonment permissible under the defendant’s pleas of guilty. We have held, frequently and repeatedly, that this does not constitute cruel and unusual punishment. State v. Elliott, 269 N.C. 683, 153 S.E. 2d 330, and many cases there cited.

¶3 This being the only ground upon which the defendant seeks relief, it is hereby denied.

¶4 Affirmed.

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