State v. Hullender

Defendant makes two assignments of error: first, that his constitutional rights were violated in that the sentence imposed constituted cruel and unusual punishment, and second, that the court erred in imposing an active prison sentence upon him while imposing a suspended sentence upon a codefendant. There is no merit to either assignment.

Before accepting defendant’s plea, the trial court made due inquiry and determined that the plea was freely, understanding^ and voluntarily made. Before imposing sentence, the court heard the testimony of the prosecuting witness which tended to show…