State v. Wright

The defendant assigns as error the failure of the court in the first case (Superior Court Docket 3984) to recommend that the defendant be given the option of serving the sentence in that case under the Work Release Plan, contending that this constitutes cruel and unusual punishment. This assignment is without merit. G.S. 148-33.1 authorizes but does not require the presiding judge of the sentencing court to recommend that the prisoner be granted the privilege of the Work Release Program in such case. It appears from the record that the presiding judge, having imposed sentences in the two…