STATE v. WHITEHEAD

No. 279PA11.

722 S.E.2d 492 (2012)

STATE of North Carolina v. Aeric L. WHITEHEAD a/k/a Eric Lamont Whitehead.

Supreme Court of North Carolina.

March 9, 2012.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Elizabeth F. Parsons , Assistant Attorney General, for petitioner-appellant North Carolina Department of Correction.

Staples S. Hughes , Appellate Defender, by Anne M. Gomez , Assistant Appellate Defender, for defendant-appellee.


MARTIN, Justice.

Defendant is presently serving a life sentence for the crime of second-degree murder. Addressing defendant's 2011 amended motion for appropriate relief for his 1994 conviction, the Superior Court, Nash County, modified defendant's life sentence by "retroactively appl[ying]" the Structured Sentencing Act. The sentencing for defendant's offense, however, is controlled exclusively by the Fair Sentencing Act. Because the trial court's order and judgment...

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