Supreme Court of North Carolina, 1967

State v. Hopper

State v. Hopper
Supreme Court of North Carolina · Decided September 27, 1967 · Per Curiam
156 S.E.2d 857; 271 N.C. 464; 1967 N.C. LEXIS 1223 (South Eastern Reporter, Second Series)

State v. Hopper

Opinion

Per Curiam.

The defendant’s only assignment of error is that the prison sentences imposed constituted cruel and unusual punishment. Upon his pleas of guilty, he could have been given a total of forty years’ imprisonment for the forgery and uttering of the two checks. G.S. 14-119 and G.S. 14-120.

With a record of two felony convictions in which, so far as the *465 present record shows, he received no active prison sentences, he could hardly hope for further slap-on-the-wrist treatment by the Court. The sentences pronounced herein, while severe, amount to only about a third of the time of imprisonment permissible under the defendant’s pleas of guilty. We have held, frequently and repeatedly, that this does not constitute cruel and unusual punishment. State v. Elliott, 269 N.C. 683, 153 S.E. 2d 330, and many cases there cited.

This being the only ground upon which the defendant seeks relief, it is hereby denied.

Affirmed.

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