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Criminal Practice – Sentencing – Misdemeanor Possession – Prior Conviction – Habitual Felon (access required)

State v. Howell (Lawyers Weekly No. 011-400-16, 8 pp.) (Wanda Bryant, J.) Appealed from Transylvania County Superior Court (Mark Powell, J.) N.C. App. Holding: Because defendant had a prior drug conviction, the Controlled Substances Act required that his new Class 1 misdemeanor possession offense be punished as a Class I felony. Since the misdemeanor possession offense ...

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