State v. Turner, 7028SC280
| Citation | 8 N.C.App. 541,174 S.E.2d 863 |
| Decision Date | 24 June 1970 |
| Docket Number | No. 7028SC280,7028SC280 |
| Parties | STATE of North Carolina v. Herman Eugene TURNER. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Robert Morgan, by Staff Atty. L. Phillip Covington, Raleigh, for the State.
Scott N. Brown, Jr., VanWinkle, Buck, Wall, Starnes & Hyde, Asheville, for defendant appellant.
Defendant contends in his first assignment of error that 'concurrent' means 'contemporaneous with and equal in duration', that a five-year sentence cannot be concurrent with a sentence of 18 to 24 months, that such a sentence is ambiguous and therefore he should not serve any longer than the sentences he was serving at the time the five-year sentence was imposed. He also contends that under In re Parker, 225 N.C. 369, 35 S.E.2d 169 (1945), the judgment is insufficient for vagueness because it referred to sentences then being served by defendant which were incapable of accurate computation without reference to matters dehors the record. These contentions are without merit and are overruled. Though similar to defendant's first contention, In re Parker, supra, is not in point as the question there was whether the sentence imposed was to run concurrently or consecutively, it not being clear from the judgment. The Court held that if the judgment did not make it perfectly clear that the sentence being imposed was to run at the expiration of any sentences presently being served, then the defendant would be given the benefit of the doubt and the sentence would begin immediately. As a result of that holding the defendant in Parker was discharged because he had served the period of the sentence imposed by the judgment in question while serving an earlier sentence. In the case at bar the court specifically stated that the sentence was to run concurrently with those acknowledged by defendant. Indeed, the court was granting defendant's own request that the sentence, if any, run concurrently. It must be pointed out that the two sentences in Parker were not of equal duration. To sustain defendant's contention that concurrent sentences must be construed to end with a prior but shorter sentence would obviously result in the abandonment of the use of concurrent sentencing procedures and consequently work to the detriment of all persons who may be sentenced for commission of a crime while serving other sentences. Defendant's second contention fails to consider the fact that the five-year sentence is longer than those acknowledged by defendant and will consequently exceed the prior sentences. The specificity requirements of Parker do not apply because the five-year sentence is to begin immediately and is...
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