No. 7025SC661
(Filed 16 December 1970)
Criminal Law § 138— sentence of defendant different than sentence of co-conspirator
The fact that defendant did not receive the same sentence as that received by one of his co-conspirators is not ground for legal objection.
Appeal by defendant from McLean, Judge, 31 August 1970 Criminal Session of Catawba County Superior Court.
The defendant, along with eight others, was charged in a bill of indictment with conspiracy to utter forged instruments, namely, payroll checks drawn on Broyhill Furniture Industries.
The defendant, in person and through his court-appointed attorney, entered a plea of guilty. The trial judge ascertained and adjudicated in open court that the plea was entered freely, voluntarily and understandingly. From a sentence of not less than nine and one-half years to not more than ten years in the State Department of Correction, the defendant appeals.
Attorney General Robert Morgan, by Deputy Attorney General R. Bruce White, Jr., and Staff Attorney Ladson F. Hart for the State.
Larry W. Pitts for defendant appellant.
CAMPBELL, Judge.
The defendant assigns as error that he did not receive a sentence the same as the sentence imposed upon one of the co-conspirators. There is no merit in this assignment of error. State v. Garris, 265 N.C. 711, 144 S.E. 2d 901 (1965).
We have reviewed the record in this case and find no prejudicial error.
No error.
Judges Britt and Hedrick concur.