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STATE v. PAKULSKI

No. 407A89.

390 S.E.2d 129 (1990)

326 N.C. 434

STATE of North Carolina v. Mitchell John PAKULSKI and Elliott Clifford Rowe, III.

Supreme Court of North Carolina.

April 5, 1990.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by William P. Hart, and John H. Watters, Asst. Attys. Gen., Raleigh, for the state-appellant.

Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, for defendant-appellee Pakulski.

Russell McLean, III, Waynesville, for defendant-appellee Rowe.

MARTIN, Justice.

The sole question raised on appeal is whether Judge Freeman erred in sentencing the defendants on the charges of felonious breaking or entering and felonious larceny after Judge Fountain had arrested judgment on these charges following a jury verdict of guilty on each. At the trial before Judge Fountain, defendants were convicted of murder in the first degree on the felony murder theory. We hold that Judge Fountain arrested judgment on the breaking...

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