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State v. Sturdivant

Court of Appeals of North Carolina

April 7, 2015

STATE OF NORTH CAROLINA
v.
JOHNNY RAY STURDIVANT

Heard in the Court of Appeals February 16, 2015

Hoke County, Nos. 12 CRS 050220-222, 50224, 13 CRS 000982-986.

AFFIRMED.

Roy Cooper, Attorney General, by Angenette Stephenson, Assistant Attorney General, for the State.

Staples Hughes, Appellate Defender, by John F. Carella, Assistant Appellate Defender, for defendant-appellant.

Chief Judge McGEE and Judge BRYANT concur.

OPINION

Appeal by defendant from judgments entered 2 April 2014 by Judge Ebern T. Watson, III, in Hoke County Superior Court.

STEELMAN, Judge.

The trial court correctly determined the number of prior record points and record level of the defendant.

I. Factual and Procedural Background

On 2 April 2014, Johnny Ray Sturdivant (defendant) pled guilty to one count of attempted first degree statutory rape of a person 13, 14, or 15 years old, and nine counts of taking indecent liberties with a child. Defendant's plea arrangement with that defendant would be sentenced to three consecutive active sentences of 96-125 months, 21-26 months, and 21-26 months.

The trial court accepted defendant's plea, found defendant to be a prior record level III for purposes of felony sentencing, and entered three judgments imposing consecutive,

Page 561

active sentences in accordance with the ...


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