State v. Saunders

HUNTER, Judge.

Defendant was charged with trafficking in four hundred grams or more of cocaine by transportation and by possession and entered a plea of guilty at his arraignment. The State prayed judgment on 3 April 1997 and, after making a finding of substantial assistance, the trial court sentenced defendant to a minimum of 38 months and a maximum of 50 months. The defendant gave notice of appeal on 8 April 1997.

The sole issue on appeal is whether, based on a finding of substantial assistance, the trial court’s discretion in departing from minimum sentencing pursuant to N.C. Gen. Stat. §…