#### STATE OF NORTH CAROLINA v. GARY BANKS

No. 7329SC518

(Filed 25 July 1973)

Appeal by defendant from Thornburg, Judge, 5 February 1973 Session of Henderson County Superior Court.

Defendant was charged in a valid warrant with escape from lawful custody of the Henderson County Prison Unit 6045, *118and on 29 March 1972 he entered a plea of guilty in the District Court of Henderson County. He was sentenced to two months’ imprisonment, suspended for two years on condition that, among others, he not escape or attempt to escape.

Defendant again escaped from Unit 6045, and upon motion by the Solicitor on 18 October 1972, his suspended sentence was put into effect by the district court judge.

On appeal to the superior court, the order of the district court was affirmed.

Attorney General Robert Morgan by Associate Attorney Edwin M. Speas, Jr. for the State.

Howe & Waters by R. Charles Waters for defendant appellant.

CAMPBELL, Judge.

We have reviewed the record in this case and find

No error.

Judges Hedrick and Baley concur.