State v. Lowry

CAMPBELL, Judge.

Defendant contends that it was error for the trial judge, subsequent to notification of defendant’s intention to exercise his right to appeal, to strike the original sentence of forty-five days and to impose a sentence of six months even though the statutory minimum for the crime committed is six months.

“ ‘In criminal cases the right of appeal by a convicted defendant from a final judgment is unlimited in the courts of North Carolina. This right of appeal is a substantial right. G.S. 15-180....’ ” State v. May, 8 N.C. App. 423, 174 S.E. 2d 633 (1970). The Supreme Court of…