State v. Snowden

VAUGHN, Judge.

It is not necessary for the trial judge to state or explain his reasons for the degree of punishment imposed in a particular case. If the punishment is within lawful limits there is a presumption that the judgment and sentence are regular and valid. Where, however, the record affirmatively discloses that the sentence was imposed for a cause not within the indictment, the judgment will be vacated and the case remanded for resentencing. State v. Swinney, 271 N.C. 130, 155 S.E. 2d 545. In Swinney, defendant had participated in a drinking party with her husband before fatally…