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330 N.C. 607

411 S.E.2d 376

State v. Steward

Supreme Court of North Carolina

Decided January 10, 1992

Supreme Court of North Carolina · decided 1992-01-10

Relies on State v. Perry · State v. Moore

Good law ✅— No negative treatment on recordhow we know

Decided 1992-01-10

How this case has been cited

Cited by 40 later decisions — most recently May 2017 · most notably State v. Morgan (2004), 141 N.C. App. 553 - State v. Chavis (2000)

40 state decisions

160199220002010decided

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 CURIAM.

¶1 Defendant was convicted of trafficking in cocaine by possession and trafficking in cocaine by transportation, in violation of N.C.G.S. § 90-95(h)(3), and sentenced to two consecutive seven-year terms of imprisonment. The same cocaine was involved in both offenses. A majority of the Court of Appeals panel, Chief Judge Hedrick and Judge Wells, concluded there was no error in the trial or in the imposition of consecutive sentences, relying for the latter point on State v. Perry, 316 N.C. 87, 340 S.E.2d 450 (1986). Judge Eagles, dissenting in part, concluded that under State v. Moore, 327 N.C. 378, 395 S.E.2d 124 (1990), defendant could not be convicted of nor sentenced for but one crime.

¶2 The majority of the Court of Appeals correctly held that Perry governs the sentencing issue and that, under it, defendant could be convicted of and sentenced for two different crimes. The decision of the Court of Appeals is, therefore,

¶3 Affirmed.

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