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STATE v. WOODBERRY

No. COA96-400.

485 S.E.2d 59 (1997)

STATE of North Carolina v. Adrian WOODBERRY, Defendant-Appellant

Court of Appeals of North Carolina.

April 15, 1997.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Richard L. Griffin, for the State.

North Carolina Prisoner Legal Services, Inc. by Marcus Jimison, Raleigh, for defendant-appellant.

EAGLES, Judge.

Defendant argues that the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution prohibits him from receiving two consecutive sentences for one act which violates both G.S. 14-31 (malicious assault and battery in a secret manner with intent to kill) and G.S. 14-32(a) (assault with a deadly weapon with intent to kill inflicting serious injury). We disagree.

In State v. Hill, 287 N.C. 207

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