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STATE v. DANIELS

No. COA09-728.

691 S.E.2d 78 (2010)

STATE of North Carolina v. Ronnie Lamar DANIELS, Defendant.

Court of Appeals of North Carolina.

April 6, 2010.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Kathleen N. Bolton, for the State.

Cheshire, Parker, Schneider, Bryan & Vitale, by John Keating Wiles, Raleigh, for defendant-appellant.

STROUD, Judge.

Ronnie Lamar Daniels ("defendant") appeals from the trial court's judgments sentencing him for convictions for first-degree rape and second-degree kidnapping. Because the trial court's resentencing of defendant for his first-degree rape conviction exceeded his original sentence, we vacate defendant's sentence as to his first-degree rape conviction and remand for a new sentencing hearing. Additionally, because defendant was sentenced within the presumptive...

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