State v. Martin
State v. Martin
Opinion of the Court
Defendant makes three contentions: (1) that the bill of indictment is defective because it fails to specify how the safe was forced open, (2) that the punishment imposed was excessive, (3) that the judgment of the court was not in accord with a plea bargain made with the solicitor which provided that defendant receive a sentence of only 10 to 15 years. We find all of these contentions to be without merit.
The indictment clearly states that the safe was opened “by the use of chopping tools.” It follows the language of the safecracking statute, G.S. 14-89.1, and is entirely proper. See State v. Pinyatello, 272 N.C. 312, 158 S.E. 2d 596.
Prior to 19 April 1973, G.S. 14-89.1 provided that a person convicted of safecracking could be sentenced to a prison term ranging from ten years to life imprisonment. On 19 April 1973 the General Assembly ratified chapter 235 of the 1973 Session Laws, reducing the punishment for safecracking and setting it at two to thirty years’ imprisonment. Defendant asserts that in view of this new statute, his sentence of 30 to 40 years is excessive. However, section 2 of chapter 235 provides: “This act shall apply to all offenses committed after its ratification and shall become effective upon ratification.” Since the crime in this case was committed in 1971, before chapter 235 was ratified, defendant can be punished under the old statute. State v. Cameron, 284 N.C. 165, 200 S.E. 2d 186.
With respect to any plea bargaining agreement, when the State enters into such an agreement with the defendant, it must be honored. Santobello v. New York, 404 U.S. 257 (1971); State v. Martin, 18 N.C. App. 398, 197 S.E. 2d 58. If the State violates
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.