STATE v. ABSHER

No. 13PA93.

436 S.E.2d 365 (1993)

335 N.C. 155

STATE of North Carolina v. Phillip Lee ABSHER.

Supreme Court of North Carolina.

November 5, 1993.


Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., Raleigh, for the State, appellant.

Larry S. Moore, John E. Hall, Max F. Ferree, and William C. Gray, Jr., Wilkesboro, for defendant-appellee.


WEBB, Justice.

The defendant argues that it was the duty of the State to move for the imposition of a sentence within thirty days from the time the prayer for judgment was continued and when it failed to do so, the court lost its jurisdiction to impose a sentence. We hold there is no such requirement.

When the defendant entered the guilty plea, the court had the power to continue the prayer for judgment to a later term. State v. Graham, 225 N.C. 217...

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