STATE v. MCLEAN (2020)

As Defendant concedes in his 9 December 2019 brief, all issues raised therein were decided against him pursuant to State v. Seam, 823 S.E.2d 605 (N.C. Ct. App. 2018). Since the filing of the briefs, our Supreme Court issued its per curiam opinion in State v. Seam, 837 S.E.2d 870 (Mem) (N.C. 2020), affirming our prior decision and adding the following language:

Defendant's arguments regarding his constitutional rights under the Eighth Amendment in which he asserts that he has no meaningful opportunity for parole are not ripe for a determination by this Court, because the time at which he is eligible to apply for parole has not yet arrived. We recognize that the potential for parole constitutionally cannot be illusory for offenders sentenced to life with the possibility of parole. Defendant is not precluded from raising his claims at a later date, in the event that said claims become ripe for resolution.

Seam, 837 S.E.2d 870 (Mem).

For the reasons stated in Seam, 823 S.E.2d 605, and Seam, 837 S.E.2d 870 (Mem), we affirm.

AFFIRMED.

Report per Rule 30(e).

MURPHY, Judge.

Judges DIETZ and ZACHARY concur.