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Tag Archives: Habitual Felon

Criminal Practice – Habitual Felon – First Impression – Extra Conviction – Witness Credibility – Burning Personal Property – ‘Bedding’ (access required)

State v. Jefferies (Lawyers Weekly No. 15-07-0955, 16 pp.) (Chris Dillon, J.) Appealed from Cleveland County Superior Court (Richard Boner, J.) N.C. App. Holding: Where (1) the habitual felon indictment identified three predicate felonies, (2) the trial court instructed the ...

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Criminal Practice – Attorneys – Motion to Withdraw – Communications Breakdown (access required)

State v. Gentry Where any breakdown in communication between defendant and his assigned counsel stemmed largely from defendant’s own behavior, and where defendant has failed to show that these alleged difficulties in communication resulted in a deprivation of his right to the effective assistance of counsel, the trial court did not err by declining to appoint substitute counsel.

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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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Criminal Practice – Sentencing – Habitual Felon – Habitual Misdemeanor Assault (access required)

State v. HollowayDefendant was indicted and convicted on two counts of habitual misdemeanor assault, a substantive crime and a class H felony. Defendant was also indicted and convicted on two counts of attaining habitual felon status as defined in G.S. § 14-7.1. Therefore, defendant was properly sentenced as a class C felon. We affirm defendant’s two consecutive sentences of 108 to 139 months.

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Criminal Practice – Sentencing — Habitual Felon – Possession of a Firearm by a Felon – Underlying Conviction – Constructive Possession – Search & Seizure (access required)

State v. Best Defendant was convicted of felonious breaking and entering in 1988. Later, he was found in possession of a firearm. The 1988 B&E conviction can be used both (1) as the underlying felony in convicting defendant of possession of a firearm by a felon and (2) to calculate defendant’s prior record level and thus lengthen his sentence for possession of a firearm by a felon. We find no error in defendant’s convictions of possession of a firearm by a convicted felon and carrying a concealed weapon.

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Criminal Practice – Sentencing – Appeals – Prior Record Level – Habitual Felon  (access required)

State v. Mungo Defendant pled guilty, but he contends that (1) “there was insufficient evidence that ... [defendant] understandingly and knowingly entered his plea;”; (2) there was no admissible evidence to support the award of restitution; (3) his prior record level was calculated incorrectly; (4) he was denied effective assistance of counsel due to the trial court’s denial of his motion to continue in order to allow him time to retain counsel; and (5) his constitutional rights to a fair and impartial trial were denied by the trial court’s “inappropriate comments” about his prior record.

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