State v. Howell

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The General Assembly intended for N.C. Gen. Stat. 9-95(e)(3) of the North Carolina Controlled Substances Act, which provides that a Class 1 misdemeanor “shall be punished as a Class I felon[y]” when the misdemeanant has committed a previous offense punishable under the Act, to establish a separate felony offense rather than merely to serve as a sentence enhancement of the underlying misdemeanor.Pursuant to a plea agreement, Defendant pleaded guilty to a marijuana possession charge, acknowledged his prior convictions in violation of the Act, and admitted his habitual felon status. Although the marijuana possession charge was a Class 1 misdemeanor, the judge treated it as a Class I felony because of the prior conviction. Because of Defendant’s habitual felon status, the court punished the Class I felony as a Class E felony. The Court of Appeals reversed, concluding that the substantive offense remained a class 1 misdemeanor, and consequently, Defendant’s habitual felon status could not be used to further enhance a sentence that was not itself a substantive offense. The Supreme Court reversed, holding that the trial court properly elevated Defendant’s possession of marijuana offense and then correctly punished that substantive Class I felony as a Class E felony on the basis of his habitual felon status. View "State v. Howell" on Justia Law