Legal Opinion

State v. Smaw

Court of Appeals of North Carolina

Decided October 17, 1989No. 893SC135Published

1Opinion of the Court

WELLS, Judge.

Because defendant pleaded guilty, the sole issue presented by this appeal is whether his sentence for a term of imprisonment beyond the statutory presumptive term is supported by the evidence introduced at the sentencing hearing. N.C. Gen. Stat. § 15A-1444(al) (1988). Common law robbery is punishable as a Class H felony, N.C. Gen. Stat. § 14-87.1 (1988), bearing a presumptive term of 3 years’ imprisonment, id., § 15A-1340.4(f)(6), and a maximum term of 10 years’ imprisonment, id., § 14-l.l(a)(8). For felony convictions other than Class A or B felonies, G.S. § 15A-1340.4(a)…

2Cases cited4 opinions

  1. State v. SmallSupreme Court of North Carolina · 1980
  2. State v. CantySupreme Court of North Carolina · 1988
  3. State v. KellySupreme Court of North Carolina · 1955
  4. State v. MelvinCourt of Appeals of North Carolina · 1982

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