In Re Moses

GRAHAM, Judge.

The judgment ordering respondent committed to the Board of Youth Development for an indeterminate period of time must be vacated and the cause remanded for resentencing.

It has been repeatedly held in this jurisdiction that a defendant’s right to appeal may not be denied or abridged, nor may his attempt to exercise this right impose upon him an additional penalty or an enlargement of his sentence. State v. May, 8 N.C. App. 423, 174 S.E. 2d 633, and cases cited therein. It appears from the circumstances described in the record that the action of the trial judge in ordering…