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STATE v. ALDRIDGE

No. 848SC1213.

334 S.E.2d 107 (1985)

STATE of North Carolina v. Allie Bryan ALDRIDGE, III.

Court of Appeals of North Carolina.

September 17, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Grayson G. Kelley, Raleigh, for the State.

Barnes, Braswell & Haithcock by Tom Barwick, Goldsboro, for defendant-appellant.

EAGLES, Judge.

I

Defendant first assigns as error the thirty year sentence. The defendant objects to the sentence as being cruel and unusual punishment in violation of the North Carolina and United States Constitutions. We disagree.

We note at the outset that the defendant correctly concedes that a sentence which does not exceed the maximum prescribed by statute does not constitute cruel and unusual punishment, that a habitual felon may be sentenced...

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