Legal Opinion

Matter of Gallimore

Court of Appeals of North Carolina

Decided November 2, 1982No. 8222SC145PublishedCited by 3 opinions

1Opinion of the Court

ARNOLD, Judge.

Defendant first attacks the sentence on the grounds that it was an indefinite indeterminate sentence and that there was no difference between the minimum and maximum periods. An indeterminate sentence is one where the court does not fix duration but only fixes maximum and minimum limits. Black’s Law Dictionary 694 (5th ed. 1979).

Under 6.S. 148-42, which was in effect at defendant’s original sentencing, trial judges were “authorized in their discretion in sentencing prisoners to imprisonment to commit the prisoner to the custody of the Commissioner of Correction for a minimum and…

2Cases cited2 opinions

  1. State v. McLaurinCourt of Appeals of North Carolina · 1979
  2. State v. MitchellCourt of Appeals of North Carolina · 1969

3Cited by3 opinions

  1. State v. BushCourt of Appeals of North Carolina · 1986
  2. State v. BushCourt of Appeals of North Carolina · 1986
  3. State v. McKenzieCourt of Appeals of North Carolina · 1996

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