State v. Curry

EXUM, Justice.

Although defendant in the Court of Appeals did not direct any assignment of error to the point, the State in its brief before that court took the position, as it does now before us, that Judge Wood erred in sentencing defendant as if he had been convicted of felonious larceny. Both State and defendant suggest that the case should be remanded for the imposition of sentence upon a conviction for misdemeanor larceny on the authority of *314State v. Jones, 275 N.C. 432, 168 S.E. 2d 380 (1969) ; State v. Lilly, 25 N.C. App. 453, 213 S.E. 2d 418 (1975) ; and State v. Teel, 20 N.C. App.…