Criminal Practice – Indictment – Special Pleading Requirement – Non-jurisdictional – Waived

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Holding: Our Supreme Court has held that the state’s failure to comply with the special pleading requirements of G.S. § 15A-928 does not implicate the trial court’s jurisdiction. Because defendant failed to object below to the state’s noncompliance with § 15A-928’s special pleading requirement, the issue is unpreserved for appellate review.

We remand to the trial court for the limited purpose of correcting a clerical error in its judgment.

State v. Simmons (Lawyers Weekly No. 011-059-18, 6 pp.) (Rick Elmore, J.) Appealed from Surry County Superior Court (A. Moses Massey, J.); on remand from the N.C. Supreme Court. Creecy Johnson for the state; Sterling Rozear for defendant. N.C. App.