State v. Banks, 225 N.C. App. 417

Defendant Edy Banks was convicted in 2007 of statutory rape of a person 13–15 years old by an older defendant, second degree rape of a mentally disabled person, and taking indecent liberties with a child; sentences are consecutive.
On MAR, Banks claimed ineffective assistance of counsel for failure to challenge convictions and sentences arising from a single act of intercourse.
Trial court denied MAR, holding convictions were for separate and distinct crimes with no clear legislative intent to prohibit multiple convictions.
Ridgeway (published prior to Banks’ trial) suggested that separate punishments for related rape offenses arising from a single act could be improper, guiding appellate analysis.
This Court granted certiorari to review the MAR denial and ultimately reverses and remands for action consistent with this opinion.
The decision rests on a combination of double jeopardy principles and legislative-intent considerations governing multiple punishments for a single act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Double jeopardy applies to the same act?	Banks argues dual convictions violate double jeopardy.	Banks contends separate punishments are improper for a single act.	Double jeopardy not violated by the convictions.
Legislative intent to prohibit multiple punishments for same act?	Legislature intended to prohibit multiple punishments for the same act.	Legislative intent does not prohibit multiple convictions here.	Legislative intent to prohibit multiple punishments applies; arrest judgment on one conviction required.
Counsel's effectiveness regarding failure to object to sentencing?	Counsel should have objected to the judgment punishing statutory rape and second degree rape from a single act.	No deficient performance if strategic or reasonable.	Defendant received ineffective assistance; relief and remand warranted.

State v. Etheridge, 319 N.C. 34 (1987) (distinguishes between offenses arising from a single transaction for double jeopardy purposes)
State v. Ridgeway, 185 N.C. App. 423 (2007) (limits on separate punishments when offenses arise from single act; arrest judgment on one conviction)
State v. Davis, 364 N.C. 297 (2010) (legislative intent to prohibit certain multiple punishments; independent analysis beyond double jeopardy)
State v. Allen, 360 N.C. 297 (2006) (standard for ineffective assistance claims; prejudice required)
State v. Frogge, 359 N.C. 228 (2005) (standard of review for MAR findings)