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STATE v. SOLES

No. 8713SC1164.

369 S.E.2d 89 (1988)

STATE of North Carolina v. Mary Jean SOLES.

Court of Appeals of North Carolina.

June 21, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. David N. Kirkman, Raleigh, for the State.

Musselwhite, Musselwhite & McIntyre by David F. Branch, Jr., Lumberton, for defendant-appellant.

ARNOLD, Judge.

The trial court erred in sentencing defendant by considering as an aggravating fact a prior conviction for communicating threats where prayer for judgment was continued. When an accused is convicted with prayer for judgment continued, no judgment is entered. State v. Southern, 71 N.C. App. 563, 322 S.E.2d 617 (1984), aff'd per curiam, 314 N.C. 110, 331 S.E.2d 688 ...

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