State v. Sandefur, COA23-1012, ___ N.C. App. ___ (Oct. 15, 2024)

In this Cleveland County case defendant appealed after being convicted of firearm and drug possession charges and receiving a prior record level V during sentencing. Defendant argued the state improperly classified his two felony convictions from Kentucky. The Court of Appeals agreed, remanding for resentencing.

In March of 2023, defendant came for trial on charges related to possession of a firearm and methamphetamine. After the jury returned verdicts of guilty, the trial court proceeded to sentence defendant, calculating 16 prior record level felony points. The trial court relied on a worksheet from the State which identified two felony convictions from Kentucky as G and F level felonies, with no further evidence to support they were substantially similar to North Carolina offenses.

Taking up the argument, the Court of Appeals reviewed G.S. 15A-1340.14, noting that the default assumption is an out-of-state felony conviction is equivalent to a Class I felony, and the burden is on the State to show the out-of-state violation is substantially similar to a higher level felony. Here, the only evidence submitted was a record level worksheet, despite the requirement that “the State must submit to the trial court a copy of the applicable out-of-state statute it claims to be substantially similar to a North Carolina offense.” Slip Op. at 6. Neither the State nor the trial court conducted any comparative analysis of the violations, and the trial court simply accepted the worksheet with the information provided, which was error. As a result, the court remanded for resentencing, noting that the State could offer additional information at the resentencing hearing.