State v. Harris

MORRIS, Judge.

Defendant’s only assignment of error is to the signing and entry of the judgment contending that the trial court abused its discretion by imposing the maximum sentence of ten years upon the defendant, an indigent college student with no prior record.

Our Court has held that “ ... so long as the punishment rendered is within the maximum provided by law, an appellate court must assume that the trial judge acted fairly, reasonably and impartially in the performance of his office.” (Emphasis supplied.) State v. Spencer, 7 N.C. App. 282, 285, 172 S.E. 2d 280 (1970) ; modified and…