STATE v. MOORE

No. 7526SC390.

218 S.E.2d 496 (1975)

27 N.C. App. 245

STATE of North Carolina v. John Edward MOORE, Jr.

Court of Appeals of North Carolina.

October 15, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Attys. Noel Lee Allen and David S. Crump, Raleigh, for the State.

Elam & Stroud by Keith M. Stroud, Charlotte, for defendant-appellant.


VAUGHN, Judge.

Defendant contends that the trial court erred in sentencing him to a term of ten years' imprisonment, a term in excess of that allowed by G.S. 90-95(d)(1). We agree.

G.S. 90-95(a)(3), makes it unlawful for any person, except as authorized by the Act, to possess a controlled substance. Any person who violates that section by possession of a Schedule I controlled substance is guilty of a felony and shall be sentenced to a term of imprisonment...

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