An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA05-314


Filed: 17 January 2006


         v.                        Forsyth County
                                Nos. 02CRS14578, 19311,
MATTHEW JACOB CUTHRELL                 32460-65, 33502,     60951-54     

    Appeal by defendant from judgment entered 27 September 2004 by Judge Henry E. Frye, Jr., in Forsyth County Superior Court. Heard in the Court of Appeals 9 January 2006.

    Attorney General Roy A. Cooper, III, by Assistant Attorney General Anne M. Middleton, for the State.

    Brannon Strickland, PLLC, by Marlet M. Edwards, for defendant- appellant.

    HUNTER, Judge.

    Matthew Jacob Cuthrell (“defendant”) appeals from a judgment and sentence entered upon his plea of guilty to six counts of statutory rape, six counts of first degree sexual exploitation of a minor, six counts of statutory sex offense, two counts of first degree sex offense with a child, and one count of first degree rape of a child. We affirm the judgment of the trial court.
    On 27 September 2004, defendant pled guilty to multiple charges pursuant to a plea agreement. According to the terms of the plea agreement, the charges were to be consolidated for judgment and defendant sentenced from the presumptive range. Atsentencing, defendant stipulated to being a Level III felon. The trial court then sentenced defendant as a B1, Level III felon to a term of 336 to 413 months imprisonment. Defendant appeals.
    Defendant's sole argument on appeal is that the trial court erred by sentencing him from the aggravated range. Defendant asserts that the plea agreement specifically stated that he would be sentenced from the presumptive range. Defendant contends that the presumptive range for a B1, Level III felony is 269 to 336 months imprisonment. Defendant argues that the trial court instead sentenced him to a term of 336 to 413 months imprisonment, which he claims is from the aggravated range of punishment.
    After careful review of the record, briefs, and contentions of the parties, we affirm. Defendant misinterprets N.C. Gen. Stat. § 15A-1340.17. N.C. Gen. Stat. § 15A-1340.17(c) provides for a range of minimum durations; it does not mandate presumptive range sentences. When sentencing a defendant, the trial court may choose any number within the range of minimum durations. The presumptive range for a B1, Level III felony is 269 to 336 months. Here, the trial court sentenced defendant to a minimum term of 336 months imprisonment, within the presumptive range of minimum durations. The trial court then correctly chose a corresponding maximum sentence, 413 months, from the chart listed in N.C. Gen. Stat. § 15A-1340.17(e). See State v. Foster, 149 N.C. App. 206, 209, 560 S.E.2d 848, 850 (2002). Accordingly, because the trial court sentenced defendant within the presumptive range, we affirm the judgment of the trial court.    Affirmed.
    Chief Judge MARTIN and Judge STEELMAN concur.
    Report per Rule 30(e).

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