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STATE v. FLETCHER

No. 352A87.

368 S.E.2d 633 (1988)

STATE of North Carolina v. Jerry Wayne FLETCHER.

Supreme Court of North Carolina.

June 2, 1988.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Marilyn R. Mudge, Asst. Atty. Gen., Greensboro, for the State.

Mary K. Nicholson, Greensboro, and Bruce C. Fraser, Winston-Salem, for defendant-appellant.

WEBB, Justice.

In his first assignment of error the defendant, relying on State v. Freeland, 316 N.C. 13, 340 S.E.2d 35 (1986), argues that he was placed in double jeopardy because he was convicted of three separate offenses based on the same act. In Freeland we held that a defendant could not be sentenced for first degree kidnapping and a sexual assault if it was necessary to prove the sexual assault in order to convict...

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