In Re the Imprisonment of Tuttle

PARKER, Judge.

Article 3A of G.S. Ch. 148 was repealed and replaced by Article 3B effective 1 October 1977. In this opinion reference will be made to the statute which was in effect at the time the judgment of imprisonment here under attack was imposed.

By definition in G.S. 148-49.2, a “youthful offender” was a person under the age of 21 at the time of conviction, and a “committed youthful offender” was one committed to the custody of the Secretary of Correction under provisions of Art. 3A of G.S. Ch. 148. Sentencing of a youthful offender was controlled by G.S. 148-49.4, which provided that…