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STATE v. RANSOM

No. 8612SC33.

343 S.E.2d 232 (1986)

STATE of North Carolina v. Cleveland RANSOM.

Court of Appeals of North Carolina.

May 20, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Sueanna P. Peeler, Raleigh, for the State.

Beaver, Thompson, Holt & Richardson, P.A. by F. Thomas Holt, III, Fayetteville, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant contends that G.S. 15A-1335 and G.S. 15A-1340.4 prohibited the trial court from sentencing defendant to more than ten years imprisonment. G.S. 15A-1335, which generally embodies the holding in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), provides as follows:

When a conviction or sentence imposed in superior court has been set aside on direct review or collateral...

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