{ "id": 2571561, "name": "STATE OF NORTH CAROLINA v. RONALD EDWARD FREELAND", "name_abbreviation": "State v. Freeland", "decision_date": "1987-11-05", "docket_number": "No. 607A86", "first_page": "115", "last_page": "116", "citations": [ { "type": "official", "cite": "321 N.C. 115" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "356 S.E. 2d 347", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1987, "opinion_index": 0 }, { "cite": "319 N.C. 661", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4740872 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/nc/319/0661-01" ] }, { "cite": "347 S.E. 2d 755", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "318 N.C. 141", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4739612 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/nc/318/0141-01" ] }, { "cite": "340 S.E. 2d 35", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "316 N.C. 13", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4695749 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/nc/316/0013-01" ] } ], "analysis": { "cardinality": 204, "char_count": 3592, "ocr_confidence": 0.793, "pagerank": { "raw": 7.379251496214253e-08, "percentile": 0.44216940833230045 }, "sha256": "89f05c5392eaf496b3b137634049803f58af5751bf59d26d4a944cae6faf7eeb", "simhash": "1:aa0f59a9676d40ca", "word_count": 572 }, "last_updated": "2023-07-14T17:04:28.747837+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE OF NORTH CAROLINA v. RONALD EDWARD FREELAND" ], "opinions": [ { "text": "PER CURIAM.\nDefendant was initially tried at the 6 February 1984 Criminal Session of Superior Court, Alamance County, before Judge Robert Hobgood and a jury. He was convicted of first degree rape, first degree sexual offense and first degree kidnapping. Judge Hobgood sentenced him to life imprisonment in both the first degree rape and first degree sexual offense cases, the sentences to run concurrently, and to thirty years\u2019 imprisonment in the first degree kidnapping case, this sentence to begin at the expiration of the life sentences.\nUpon appeal this Court concluded that the jury must have relied on the sexual offense or the rape in order to find the sexual assault element of first degree kidnapping. Further concluding that the legislature had not authorized cumulative punishments for both first degree kidnapping and a crime which formed a necessary element of the kidnapping, the Court remanded the case for a new sentencing hearing. The Court directed the trial court either to arrest judgment on the first degree kidnapping conviction and resentence defendant for second degree kidnapping or to arrest judgment on one of the sexual assault convictions. State v. Freeland, 316 N.C. 13, 340 S.E. 2d 35 (1986).\nJudge Ellis conducted the new sentencing hearing on 7 July 1986. He elected pursuant to this Court\u2019s directions to arrest judgment in defendant\u2019s first degree rape case.\nDefendant now contends that under State v. Belton, 318 N.C. 141, 347 S.E. 2d 755 (1986), Judge Ellis was required either to arrest judgment on both of the sexual assault convictions or to arrest judgment on the first degree kidnapping conviction and re-sentence defendant for second degree kidnapping. We recently rejected this same argument in State v. Young, 319 N.C. 661, 356 S.E. 2d 347 (1987), distinguishing Belton from both Freeland and Young.\nOn the authority of our initial Freeland decision and Young the decision of Judge Ellis is\nAffirmed.", "type": "majority", "author": "PER CURIAM." } ], "attorneys": [ "Lacy H. Thornburg, Attorney General, by John R. Come, Assistant Attorney General, for the state.", "Malcolm Ray Hunter, Jr., Appellate Defender, by Gayle L. Moses, Assistant Appellate Defender, for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. RONALD EDWARD FREELAND\nNo. 607A86\n(Filed 5 November 1987)\nCriminal Law \u00a7 26.5\u2014 kidnapping, rape and sexual offense \u2014 multiple punishments problem \u2014arrest of rape judgment\nWhere defendant was convicted of first degree kidnapping, first degree rape and first degree sexual offense, and it appears that the jury must have relied on the sexual offense or the rape in order to find the sexual assault element of first degree kidnapping, the trial court could avoid a multiple punishment problem by arresting judgment on the first degree rape case and was not required either to arrest judgment on both of the sexual assault convictions or to arrest judgment on the first degree kidnapping conviction and resentence defendant for second degree kidnapping.\nAppeal by defendant pursuant to N.C.G.S. \u00a7 7A-27(a) from an order entered by Ellis, J., on 7 July 1986 in Superior Court, Alamance County, arresting a judgment of life imprisonment in No. 83CRS13176, wherein defendant was convicted of first degree rape, but leaving undisturbed judgments of life imprisonment in No. 83CRS13177, wherein defendant was convicted of first degree sexual offense, and thirty years\u2019 imprisonment in No. 83CRS 13178, wherein defendant was convicted of first degree kidnapping. Defendant\u2019s motion to bypass the Court of Appeals in the kidnapping case was allowed on 28 January 1987. Heard in the Supreme Court 15 October 1987.\nLacy H. Thornburg, Attorney General, by John R. Come, Assistant Attorney General, for the state.\nMalcolm Ray Hunter, Jr., Appellate Defender, by Gayle L. Moses, Assistant Appellate Defender, for defendant appellant." }, "file_name": "0115-01", "first_page_order": 143, "last_page_order": 144 }