STATE v. TURNER

No. 7028SC280.

174 S.E.2d 863 (1970)

STATE of North Carolina v. Herman Eugene TURNER.

Court of Appeals of North Carolina.

June 24, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty. L. Phillip Covington, Raleigh, for the State.

Scott N. Brown, Jr., VanWinkle, Buck, Wall, Starnes & Hyde, Asheville, for defendant appellant.


MORRIS, Judge.

Defendant contends in his first assignment of error that "concurrent" means "contemporaneous with and equal in duration", that a five-year sentence cannot be concurrent with a sentence of 18 to 24 months, that such a sentence is ambiguous and therefore he should not serve any longer than the sentences he was serving at the time the five-year sentence was imposed. He also contends that under In re Parker, 225 N.C. 369, 35 S.E.2d 169 (1945), the judgment...

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