MATTER OF GALLIMORE

No. 8222SC145.

296 S.E.2d 509 (1982)

In the Matter of Talton GALLIMORE, Jr. Re-Sentencing Hearing.

Court of Appeals of North Carolina.

November 2, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Walter M. Smith, Raleigh, for the State.

Barnes, Grimes & Bunce by Jerry B. Grimes, Lexington, for defendant-appellant.


ARNOLD, Judge.

Defendant first attacks the sentence on the grounds that it was an indefinite indeterminate sentence and that there was no difference between the minimum and maximum periods. An indeterminate sentence is one where the court does not fix duration but only fixes maximum and minimum limits. Black's Law Dictionary 694 (5th ed. 1979).

Under G.S. 148-42, which was in effect at defendant's original sentencing...

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