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STATE v. HUTSON

No. 7717SC816.

241 S.E.2d 388 (1978)

35 N.C. App. 378

STATE of North Carolina v. Ronnie HUTSON.

Court of Appeals of North Carolina.

February 21, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Jesse C. Brake, Asst. Atty. Gen., Raleigh, for the State.

Billings & Billings by W. Joseph Burns, Winston-Salem, for defendant-appellant.

WEBB, Judge.

The defendant contends his sentence should not have been made active for six months in Case No. 75CRS8798 and we believe this contention has merit. Since the record is not clear that the defendant was originally sentenced to more than three months in prison, we hold that the judgment invoking the sentence in this case be vacated. Case No. 75CRS8798 is remanded to the Superior Court of Surry County for the imposition of a sentence not to exceed three months...

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