Criminal Law – Drug Possession – Plea Agreement – Habitual Offender Status

Since defendant stipulated to his prior convictions and prior record level and since his convictions were consolidated for sentencing, the trial court properly sentenced defendant as a habitual felon according to the most serious offense in the consolidated judgment.

We affirm defendant’s conviction and judgment of sentence.

Defendant pled guilty to possession of cocaine and felonious restraint; defendant also pled guilty to attaining habitual felon status, which attached to the possession charge. Defendant subsequently pled guilty to possession of a controlled substance on jail premises. Defendant’s plea agreement provided that his convictions would be consolidated for sentencing. As a habitual felon, the trial court accordingly sentenced defendant four classes higher than the most serious felony among his charges – the possession of a controlled substance on jail premises charge.

We affirm defendant’s conviction, noting that counsel had not identified any nonfrivolous issues for appeal and defendant had not filed any written argument on his own behalf. We further note that defendant stipulated to his prior convictions and record level. We hold that because defendant’s convictions were consolidated for sentencing, the trial court properly applied the habitual felon status to raise the class of defendant’s most serious offense in the consolidated judgment.

Affirmed.

State v. Sanders (Lawyers Weekly No. 012-184-18, 4 pp.) (Dietz, J.) Appealed from Johnston County Superior Court (Thomas H. Lock, J.) Mark Hayes for appellant. Kimberly N. Callahan for appellee. N.C. App. Unpub.