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WHALEY v. STATE OF NORTH CAROLINA

No. 10583.

379 F.2d 221 (1967)

Perry WHALEY, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 14, 1967.

Attorney(s) appearing for the Case

Reginald S. Hamel, Salisbury, N. C., (Court-assigned counsel) for appellant.

Theodore C. Brown, Jr., Asst. Atty. Gen., of North Carolina, (T. W. Bruton, Atty. Gen. of North Carolina, on brief) for appellee.

Before SOBELOFF, J. SPENCER BELL and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

This petitioner was convicted and sentenced on separate but related charges, the sentences on some to begin at the expiration of the sentence on the "anchor" charge. On appeal, judgment on the anchor charge being set aside on non-constitutional grounds, the sentences on the "dependent" charges were remanded for reconsideration. The legal issue is whether, on remand, the trial judge could properly increase the sentences on the dependent charges...

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