State v. Blandford

JOHNSON, Judge.

Defendant’s primary contention is that since at the time of his sentencing his co-defendants were neither charged with nor convicted of conspiracy, the court could not lawfully sentence him on his plea of guilty to the conspiracy charge. Therefore, he argues, it erred in refusing to allow him to withdraw his plea. He relies on State v. Littlejohn, 264 N.C. 571, 142 S.E. 2d 132 (1965) for the proposition that at least two persons must be convicted of conspiracy, otherwise all must be acquitted. However, Littlejohn requires only that where co-defendants are tried together and all…