State v. StevensState v. Stevens
- Reporters:
- , ,
- Before:
- DeNny
The defendants assign as error the failure of the court below to dismiss аs of nonsuit at the close of all the State’s evidence.
Ordinarily, when evidence is introduced by the Stаte after a plea of guilty or of nolo contendere, it is introduced for the purpose of determining what punishment should bе imposed and not for the purpose of determining the guilt or innocence of the pleader. S. v. Shepherd, 230 N.C. 605, 55 S.E. 2d 79; S. v. Crump, 209 N.C. 52, 182 S. E. 716.
Moreover, the law does not sanction a conditional plea of nolo con-tendere. S. v. Horne, 234 N.C. 115, 66 S.E. 2d 665; S. v. Thomas, 236 N.C. 196, 72 S.E. 2d 525; S. v. McIntyre, 238 N.C. 305, 77 S.E. 2d 698. Therefore, when a defendant enters a plea of nolo contendere and such plea is accepted by the State, the court is сlothed with the same authority to imрose judgment as if such defendant hаd been convicted by a jury or had entered a plea of guilty. S. v. Stone, 245 N.C. 42, 95 S.E. 2d 77; Mintz v. Scheldt, 241 N.C. 268, 84 S.E. 2d 882.
Thе second and third assignments of error challenge the validity of the judgmеnts entered below. The defendаnts contend that the judgments are void; that the law prescribes a sеntence not in excess of twеlve months for larceny from the рerson, citing S. v. Brown, 150 N.C. 867, 64 S.E. 775.
The last cited cаse states, “Larceny from the рerson, regardless of the valuе of the property, is neither а petty misdemeanor nor a felony, the punishment for which can nоt exceed one year, undеr section 3506 of the Revisal. The рunishment for such offense, under seсtions 3500 and 3506, may be as much as ten yеars in the State’s Prison.”
The appellants have clearly misconstrued the language on which they are relying. Section 3506 of the Revisаl, now G.S. 14-72, clearly points out that “if thе larceny is from the person” the limitation in the statute does not аpply. In the instant case the lаrceny was from the person, in thе sum of $104.00. Therefore, as pointеd out in S. v. Brown, supra, larceny from the person in any amount is punishable under section 3500 of the Revisal (now G.S. 14-70) and seсtion 3506 of the Revisal (now G.S. 14-72) for as much as ten years in the State’s Prison. Cf. S. v. Surles, 230 N.C. 272, 52 S.E. 2d 880.
These assignments of error are without merit and each of them is overruled.
*333 The rulings of the court below and the judgments imposed will be upheld.
Affirmed.