State v. Crabtree

EAGLES, Judge.

Defendant assigns as error the trial judge’s entry of the 8 December 1982 order recommitting defendant to the Department of Correction. We agree.

At issue here is the interpretation of G.S. 90-95(h) which was enacted by the General Assembly in two different versions. 1979 Session Laws (2d Session), ch. 1251, s. 6 (first version) and 1979 S.L. (2d Session), ch. 1251, s. 7; 1981 S.L., ch. 63, s. 1(e); 1981 S.L., ch. 179, s. 14 (second version). Missing from the second version is subdivision (h)(5) of the first version of G.S. 90-95.

Defendant pled guilty to a violation of G.S.…