Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Cannon, ___ N.C. App. ___, 804 S.E.2d 199 (Aug. 1, 2017)
aff’d, 370 N.C. 487 (Mar. 2, 2018)
The State conceded, and the court held, that the trial court should not have sentenced the defendant as a habitual felon where the issue was not submitted to the jury and no formal guilty plea was made. Here, the defendant only stipulated to habitual felon status.