State v. Roberts

WAINWRIGHT, Justice.

On 22 July 1998, Superior Court Judge Lester P. Martin, Jr., sentenced defendant to a minimum of eight months’ and a maximum of ten months’ imprisonment for a class E, level II felony. In a letter dated 18 February 1999, the North Carolina Department of Correction notified the Clerk of Superior Court for Randolph County that the sentence imposed on 22 July 1998 did not fall within the sentencing range for a class E offense as provided for in the Structured Sentencing Act of 1994. See N.C.G.S. § 15A-1340.17 (1999). On 4 March 1999, Judge Martin, outside the presence of…