Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
State v. Cromartie, ___ N.C. App. ___, 810 S.E.2d 766 (Feb. 6, 2018)
Because misdemeanor larceny and simple assault are lesser included offenses of common law robbery, the trial court erred by sentencing the defendant for all three offenses. The court rejected the State’s argument that the defendant was not prejudiced by this error because all three convictions were consolidated for judgment and the defendant received the lowest possible sentence in the mitigated range. The court noted that the State’s argument ignores the collateral consequences of the judgment. The court thus arrested judgment on the convictions for misdemeanor larceny and simple assault.