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STATE v. LUTZ

No. COA05-1187.

628 S.E.2d 34 (2006)

STATE of North Carolina v. William S. LUTZ.

Court of Appeals of North Carolina.

April 4, 2006.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Christopher W. Brooks, for the State.

N.C. Prisoner Legal Services, Inc., by Mary E. McNeill, Raleigh, for defendant-appellant.

TYSON, Judge.

William S. Lutz ("defendant") appeals from judgment entered denying his motion for credit against his active sentence. We reverse and remand for resentencing.

I. Background

On 24 March 2004, defendant pled guilty to four counts of forgery and one count of embezzlement. Defendant was sentenced to a term of a minimum of eight months and a maximum of ten months imprisonment, consistent with the plea agreement. The trial

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