On October 13,1981, Anderson pled guilty to and was sentenced on three counts of escape. He received 5 years to serve on one escape and 5 years to serve concurrently with the first sentence for the other two escapes. Prior to this criminal punishment, he received administrative punishments for each escape which forfeited a certain number of days of his good time and added a certain number of days to his parole eligibility date. Though not introduced into the record, he alleges that the days forfeited and added amount to 2 years, 4 months, and 2 days. Anderson appeals from the October 13, 1981 sentence, and we affirm.
He contends that the trial court violated the double jeopardy
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prohibition against multiple punishments by sentencing him to 5 years in prison. He argues that pursuant to North Carolina v. Pearce,
We disagree with Anderson’s contentions. This Court and various federal courts have repeatedly held that the criminal and administrative conviction and punishment of a defendant for the same act does not constitute double jeopardy. See,
Carruth v. Ault,
The above decisions are based on the proposition that “The right against double jeopardy protects only against being twice placed in jeopardy of
criminal
punishment for the same offense.”
Middlebrook v. Allen,
supra, p. 481; Accord,
Keenan v. Harrison,
Judgment affirmed.
