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Home / Opinion Digests / Criminal Practice / Criminal Practice – Habitual Felon Status – Predicate Felonies – Habitual Misdemeanor Assault – Statutory Amendment – Effective Date – Subject Matter Jurisdiction (access required)

Criminal Practice – Habitual Felon Status – Predicate Felonies – Habitual Misdemeanor Assault – Statutory Amendment – Effective Date – Subject Matter Jurisdiction (access required)

State v. Shaw Even though a defendant may be sentenced as a habitual felon at the time he is convicted of habitual misdemeanor assault, a prior habitual misdemeanor assault conviction may not be used as a predicate felony to establish that a convicted defendant has attained habitual felon status. G.S. § 14-33.2 specifically provides, “A conviction under this section shall not be used as a prior conviction for any other habitual offense statute.”

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