STATE OF NORTH CAROLINA
v. Stokes County
Nos. 03 CRS 1426, 50252-
JERRY JUNIOR HAIRSTON 53, 50275, 50286
Attorney General Roy Cooper, by Assistant Attorney General
Donald R. Teeter, for the State.
Carol Ann Bauer for defendant-appellant.
McGEE, Judge.
Jerry Junior Hairston (defendant) was indicted on 12 May 2003
on charges of assault inflicting serious bodily injury, first
degree burglary, assault with a deadly weapon with intent to kill
inflicting serious injury, assault with a deadly weapon inflicting
serious injury, and conspiracy to commit the felony of assault with
a deadly weapon inflicting serious injury.
Pursuant to a plea agreement, defendant pled guilty to these
charges on 20 May 2003. In exchange for his guilty plea, an
attempted murder charge was dismissed. Defendant was sentenced to
a term of 20 to 25 months imprisonment for assault inflicting
serious bodily injury; a concurrent term of 120 to 153 monthsimprisonment for assault with a deadly weapon with intent to kill
inflicting serious injury; a concurrent term of 37 to 46 months
imprisonment for assault with a deadly weapon inflicting serious
injury; a consecutive term of 100 to 129 months imprisonment for
first degree burglary; and a consecutive term of 20 to 24 months
imprisonment for felony conspiracy. Defendant appeals.
Defendant first argues that the trial court erred in accepting
the plea agreement because it subjected him to double jeopardy.
However, because defendant entered a guilty plea, his right to
appeal is limited to those issues found in N.C. Gen. Stat. §
15A-979 (motions to suppress evidence) and N.C. Gen. Stat. §
15A-1444 (sentencing). Accordingly, because defendant does not
have a right to appeal, we decline to review this assignment of
error.
Defendant next argues that there is a clerical error in two of
the judgments. In 03 CRS 50286, felony conspiracy, defendant notes
that the judgment lists the offense as a Class E felony, when it is
a Class F felony in this case. In 03 CRS 1426, assault inflicting
serious bodily injury, the judgment lists the maximum sentence as
25 months, when in fact the maximum sentence is 24 months. The
State concedes these are clerical errors. Accordingly, we remand
for correction of these two clerical errors.
Remanded for correction of clerical errors in 03 CRS 50286 and
03 CRS 1426.
Remanded.
Chief Judge MARTIN and Judge BRYANT concur.
Report per Rule 30(e).
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