North Carolina Lawyers Weekly
In 15CRS51369, defendant was indicted for two counts of first-degree statutory sex offense, and in 15CRS51370, defendant was indicted for two counts of taking indecent liberties with a child. Defendant contends that the trial court lacked jurisdiction over one count of first-degree statutory sex offense and one count of taking indecent liberties with a child in that one indictment for each offense was facially invalid because the indictments in each case used identical (short-form) charging language for the separate counts.
However, defendant concedes that each indictment sets out the relevant allegations, as required by G.S. §§ 15A-924(a) and 15-144.2. Defendant also concedes that the state was not required to join the offenses under G.S. § 15A-926. In a nutshell, defendant asks this court to adopt a new rule by holding that, when read together, §§ 15A-924 and 15A-926(a) bar the state from using multiple short-form indictments charging the same offense with the same file number. We decline to so hold.
No error.
State v. Helms (Lawyers Weekly No. 011-052-21, 8 pp.) (Allegra Collins, J.) Appealed from Union County Superior Court (Jeffery Carpenter, J.) Kristin Uicker for the state; Amanda Zimmer for defendant. 2021-NCCOA-142
