State v. Coakley, 238 N.C. App. 480 (Dec. 31, 2014)

The trial court erred by sentencing the defendant for both assault inflicting serious bodily injury under G.S. 14-32.4(a) and assault with a deadly weapon inflicting serious injury under G.S. 14-32(b), when both charges arose from the same assault. The court reasoned that G.S. 14-32(b) prohibits punishment of any person convicted under its provisions if “the conduct is covered under some other provision of law providing greater punishment.” Here, the defendant’s conduct pertaining to his charge for and conviction of assault with a deadly weapon inflicting serious injury was covered by the provisions of G.S. 14-32(b), which permits a greater punishment than that provided for in G.S. 14-32.4(a).

Error | UNC School of Government

Error

The website encountered an unexpected error. Please try again later.