State v. Brooks

Defendant appeals because the two sentences,, which the court specified should run concurrently, do not specify the same place of confinement. He argues that “‘[a] sentence in the penitentiary and one adjudging that a man shall spend a certain time in the county jail cannot be served out concurrently.’ Story v. State, 27 S.W. 2d 204.” In re Smith, 235 N.C. 169, 172, 69 S.E. 2d 174, 176; accord, In re Bentley, 240 N.C. 112, 81 S.E. 2d 206. Defendant contends that this case should be remanded to the superior Court for “proper judgment” in order to effectuate the judge’s stated intention that…