#### STATE OF NORTH CAROLINA v. WILLIAM EARL HARGROVE

No. 718SC352

(Filed 14 July 1971)

Appeal by defendant from Cooper, Judge, December 1970 Session of Superior Court held in Wayne County.

The defendant was charged in a two-count bill of indictment, proper in form, with felonious possession and sale of 5.5 grams of a narcotic drug; to wit, marihuana, in violation of G.S. 90-88. The record reveals that a nolle prosequi was entered on the count charging the defendant with felonious possession of marihuana, and that the defendant, represented by court-appointed counsel, voluntarily and understandingly entered a plea of guilty on the count charging the defendant with the sale of 5.5 grams of marihuana. From a judgment imposing a prison sentence of three to five years, the defendant appealed.

Attorney General Robert Morgan, Deputy Attorney General R. Bruce White, Jr., and Assistant Attorney General Guy A. Hamlin for the State.

George R. Britt for defendant appellant.

HEDRICK, Judge.

Counsel for the defendant states in his brief that he is not aware of any error committed during the trial of the defendant.

From a careful examination of the record it affirmatively appears that the defendant freely, understandingly, and voluntarily entered a plea of guilty to a valid count in the bill of indictment charging him with the sale of 5.5 grams of marihuana, a narcotic drug. The prison sentence imposed is within the limits prescribed by G.S. 90-111. We hold that the defendant had a fair trial free from prejudicial error.

No error.

Chief Judge Mallard and Judge Campbell concur.