State v. Fletcher

WEBB, Justice.

In his first assignment of error the defendant, relying on State v. Freeland, 316 N.C. 13, 340 S.E. 2d 35 (1986), argues that he was placed in double jeopardy because he was convicted of three separate offenses based on the same act. In Freeland we held that a defendant could not be sentenced for first degree kidnapping and a sexual assault if it was necessary to prove the sexual assault in order to convict the defendant of first degree kidnapping. We held that the intent of the General Assembly in that case was that the defendant not be punished for both offenses. In State v.…