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STATE v. SMAW

No. 893SC135.

384 S.E.2d 304 (1989)

STATE of North Carolina v. Marvin Earl SMAW.

Court of Appeals of North Carolina.

October 17, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. James Wallace, Jr., Raleigh, for the State.

J. Graham Clark, III, Greenville, for defendant-appellant.

WELLS, Judge.

Because defendant pleaded guilty, the sole issue presented by this appeal is whether his sentence for a term of imprisonment beyond the statutory presumptive term is supported by the evidence introduced at the sentencing hearing. N.C.Gen. Stat. § 15A-1444(a1) (1988). Common law robbery is punishable as a Class H felony, N.C.Gen.Stat. § 14-87.1 (1988), bearing a presumptive term of 3 years' imprisonment, id., § 15A-1340.4(f)(6),...

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