IN RE MOSES

No. 7226DC821.

193 S.E.2d 375 (1972)

17 N.C. App. 104

In the Matter of Robert Lee MOSES, Juvenile.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. John M. Silverstein, for the State.

Mraz, Aycock & Casstevens by Frank B. Aycock, III, Charlotte, for juvenile Robert Lee Moses.


GRAHAM, Judge.

The judgment ordering respondent committed to the Board of Youth Development for an indeterminate period of time must be vacated and the cause remanded for resentencing.

It has been repeatedly held in this jurisdiction that a defendant's right to appeal may not be denied or abridged, nor may his attempt to exercise this right impose upon him an additional penalty or an enlargement of his sentence. State v. May, 8 N.C. App. 423,

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