State v. Bolder, 8 N.C. App. 343 (1970)

May 27, 1970 · North Carolina Court of Appeals · No. 7019SC160

8 N.C. App. 343

STATE OF NORTH CAROLINA v. LEROY BOLDER Alias LEROY TORRENCE

No. 7019SC160

(Filed 27 May 1970)

Forgery § 2— sentence of imprisonment

Sentence of five years’ imprisonment imposed upon defendant’s plea of guilty to the charge of forging a check in the amount of $45.00 is held within the maximum authorized by G.S. 14-119.

Appeal from Martin, S.J., October 1969 Session, Cabarrus County Superior Court.

The defendant was charged in a valid bill of indictment with the felony of forgery of a check in the amount of forty-five dollars drawn on The Concord National Bank and made payable to the order of Leroy Torrence.

The defendant in open court, through his court-appointed attorney, entered a plea of guilty to forgery. On 9 October 1969 the court adjudicated that the defendant had been examined in open court and that his plea of guilty was freely, understandingly and voluntarily made without undue influence, compulsion or duress and without promise of leniency. From imposition of a sentence of five years, the defendant entered an appeal to this Court.

E. Johnston Irvin for the defendant appellant.

Robert Morgan, Attorney General, and Jean A. Benoy, Deputy Attorney General, for the State.

Hedrick, J.

The defendant’s attorney states quite frankly in his brief that he was “unable to find any error in the trial of the matter or in the record; . . . .”

We have reviewed the record and have found that it supports the adjudication entered by the trial judge that the defendant freely, voluntarily and understandingly entered his plea of guilty. The sentence imposed by the court is within the limits imposed by the Statute, G.S. 14-119, which prescribes a sentence of not less than four months nor more than ten years.

No error.

BROCK and Britt, JJ., concur.