State v. McPhaul, ___ N.C. App. ___, 808 S.E.2d 294 (Nov. 7, 2017)

The trial court erred by imposing sentences for assault with a deadly weapon with intent to kill inflicting serious injury and assault inflicting serious bodily injury based on the same incident. The statute proscribing the lesser of the two offenses, a Class F felony, includes the following prefatory language: “Unless the conduct is covered under some provision of law providing greater punishment.” Here, the defendant was also convicted of the more serious assault, a Class C felony. Thus multiple punishment is precluded.