STATE OF NORTH CAROLINA
v
.
Yadkin County
No. 00 CRS 50472
JEFFREY SCOTT ROYALL
Attorney General Roy Cooper, by Assistant Attorney General
Mark J. Pletzke, for the State.
Jarvis John Edgerton, IV, for the defendant-appellant.
WYNN, Judge.
On 27 March 2001, defendant entered Alford guilty pleas to
felony breaking and entering, kidnapping, and assault with a deadly
weapon inflicting serious injury. On 5 April 2001, the trial court
sentenced defendant to between 146-185 months for, purportedly, the
class D felony of kidnapping. On appeal, defendant contends, and
the State concedes, the trial court erroneously sentenced him for
the class D felony of kidnapping. We, likewise, agree that this
was error.
By statute, there are two degrees of kidnapping: kidnapping
in the first degree . . . is punishable as a Class C felony . . . .
[Whereas,] kidnapping in the second degree . . . is punishable asa Class E felony. N.C. Gen. Stat. § 14-39(b) (2001).
The record reveals that Assistant District Attorney Lyle told
the trial court that regular kidnapping [is a] . . . class D
felony. In reliance on this statement, the trial court entered
judgment against defendant for kidnapping and sentenced defendant
pursuant to a class D felony. The transcript reflects, and the
State concedes, defendant plead guilty to the elements of second-
degree kidnapping. Accordingly, defendant's sentence for
kidnapping is set aside; and, this matter is remanded for a new
sentencing hearing.
By his remaining assignments of error, defendant contends the
trial court erroneously found, or did not find, various factors in
aggravation and mitigation. We will not address these assignments
of error, as the trial court must revisit the factors in
aggravation and mitigation at the new sentencing hearing and the
alleged errors may not arise.
Remanded for a new sentencing hearing.
Judges TIMMONS-GOODSON and HUNTER concur.
Report per Rule 30(e).
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