State v. Garris

State v. Henry H. Garris

State v. Garris, 144 S.E.2d 901 (N.C. 1965)

Court: Supreme Court of North Carolina · State Highest Courts
Decided: November 24, 1965
Docket: No. 339
Judges: Cueiam
Citations: 144 S.E.2d 901265 N.C. 7111965 N.C. LEXIS 1087

Cited by 20 2 descriptions by later courts

Opinion — Cueiam

PER Cueiam.

Defendant contends (1) that the sentence imposed is excessive, (2) that the sentence is discriminatory in that other defendants tried on similar charges at the same session were given shorter sentences, and (3) that defendant will suffer double punishment because the prison department “will take (away) all the good time and change his release date,” thereby extending the former sentence and adding thereto the sentence herein imposed.

The foregoing objections are not sustained. The sentence of one year was not excessive; the court could have imposed a two-year sentence. G.S. 148-45. There is no requirement of law that defendants charged with similar offenses be given the same punishment. The punishment imposed in a particular case, if within statutory limits, is within the sound discretion of the presiding judge. The prison rules and regulations respecting rewards and privileges for good conduct (“good time”) are strictly administrative and not judicial. G.S. 148-13. The legislature has authorized the State Prison Commission to promulgate, publish, enforce and apply such rules. G.S. 148-11. Whether a prisoner shall benefit thereby depends on his own conduct. The giving or withholding of the rewards and privileges under *713 these rules is not a matter with which the courts are authorized to deal.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(“There is no requirement of law that defendants charged with similar offenses be given the same punishment.”)

State v. Shelman, 584 S.E.2d 88 (N.C. Ct. App. 2003)

Cited by 20 cases

View all citing references →

Relies on it most ⓘ

Jones v. Keller698 S.E.2d 49 (N.C. 2010)
State v. Slade229 S.E.2d 921 (N.C. 1976)
Goble v. Bounds186 S.E.2d 638 (N.C. Ct. App. 1972)
State v. Legette231 S.E.2d 896 (N.C. 1977)
State v. Shelman584 S.E.2d 88 (N.C. Ct. App. 2003)
Waddell v. Department of Correction680 F.3d 384 (4th Cir. 2012)

Most recent

Brown v. HooksNo. 5:18-cv-00092 (W.D.N.C. Oct. 1, 2019)
State v. GaytanNo. 14-277 (N.C. Ct. App. Oct. 7, 2014)
Waddell v. Department of Correction680 F.3d 384 (4th Cir. 2012)
Jones v. Keller698 S.E.2d 49 (N.C. 2010)
State v. Shelman584 S.E.2d 88 (N.C. Ct. App. 2003)
State v. Brouwer550 S.E.2d 915 (S.C. Ct. App. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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