STATE v. SOUTHERN

Criminal Law 138 — prayer for judgement continued — no prior conviction for sentencing purposes The trial court erred at sentencing by concluding that certain convictions which prayer for judgment was continued and no fines or other conditions constituted "prior convictions" under the Fair Sentencing Act. G.S. 15A-1340.4(a)(1)(o) and G.S. 15A-1340.2(4).

PER CURIAM.

The only question before us is whether the Court of Appeals was correct in determining that the trial court erred at sentencing by concluding that certain convictions in which prayer for judgment was continued and no fines or other conditions imposed constituted "prior convictions" under the Fair Sentencing Act, particularly N.C.G.S. 15A-1340.4(a)(1)(o) and -1340.2(4). Believing that the Court of Appeals was correct, we conclude that its decision should be

Affirmed.