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ROBBINS v. FREEMAN

No. COA96-223.

487 S.E.2d 771 (1997)

Donnie Earl ROBBINS, Plaintiff-Appellant, v. Franklin FREEMAN, Secretary of the North Carolina Department of Correction, in his official capacity; Juanita Baker, Chairman of the North Carolina Parole Commission, in her official capacity; Elbert Buck, William A. Lowry, Charles L. Mann, Sr., and Peggy Stamey, Members of the North Carolina Parole Commission, in their official capacities, Defendant-Appellees.

Court of Appeals of North Carolina.

August 5, 1997.

Attorney(s) appearing for the Case

George B. Currin, Raleigh, for plaintiff-appellant.

Attorney General Michael F. Easley by Special Deputy Attorney General Jacob L. Safron and Assistant Attorney General David F. Hoke, for defendant-appellees.

McGEE, Judge.

Plaintiff contends the trial court erred by failing to find that defendants are required, pursuant to G.S. 15A-1354(b), to aggregate consecutive sentences for armed robbery committed prior to 1 October 1994 for purposes of determining parole eligibility. We agree.

In determining the effect of consecutive sentences, the Department of Correction must treat a defendant as if he had been committed for a single term. N.C. Gen.Stat. § 15A-1354...

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