State v. Irby
State v. Irby
Opinion of the Court
His honor failed to make clear entries in the case. In the Transcript of Plea defendant was asked if he understood that he was charged with breaking or entering. In adjudicating the voluntariness of the plea, his honor found that defendant pleaded guilty to breaking and entering. In the judgment and commitment his honor found and adjudicated that defendant pleaded guilty to breaking, entering and larceny in violation of G.S. 14-54 and G.S. 14-70. Defendant was sentenced to a term of not less than 3 nor more than 5 years. The sentence appears to have been entered upon two offenses, but it appears that defendant pleaded guilty to only one.
While it is true that the sentence imposed would not be excessive if entered as to either charge, nevertheless, defendant
Because of the conflicts in the orders entered by the trial judge, this Court, in its discretion, vacates the judgment and remands the cause to the Superior Court in Stanly County with directions that the presiding judge strike the plea of guilty and permit defendant to plead again to the bill of indictment.
Cause remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.