An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA03-1236

NORTH CAROLINA COURT OF APPEALS

Filed: 1 June 2004

STATE OF NORTH CAROLINA

         v.                        Stokes County
                                Nos. 03 CRS 1426, 50252-
JERRY JUNIOR HAIRSTON                    53, 50275, 50286
    

    Appeal by defendant from judgments entered 21 May 2003 by Judge John O. Craig in Superior Court, Stokes County. Heard in the Court of Appeals 10 May 2004.

    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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