Legal Opinion

State v. Cash

Court of Appeals of North Carolina

Decided April 5, 1988No. 8716SC990Published

1Opinion of the Court

HEDRICK, Chief Judge.

Defendant first assigns error to the court’s denial of her motion to compel the State to elect between the charges of transporting and possessing marijuana. It is well-settled that each may be punished as a separate and distinct offense, and such is not violative of any constitutional protections. State v. Diaz, 317 N.C. 545, 346 S.E. 2d 488 (1986); State v. Perry, 316 N.C. 87, 340 S.E. 2d 450 (1986); State v. Russell, 84 N.C. App. 383, 352 S.E. 2d 922, disc. rev. denied, 319 N.C. 677, 356 S.E. 2d 784 (1987). This assignment of error has no merit.

Defendant next contends…

2Cases cited7 opinions

  1. United States v. RossSupreme Court of the United States · 1982
  2. State v. PerrySupreme Court of North Carolina · 1986
  3. State v. WilliamsSupreme Court of North Carolina · 1985
  4. State v. DiazSupreme Court of North Carolina · 1986
  5. State v. FordCourt of Appeals of North Carolina · 1984

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