State v. Boyce

In State v. Boyce, 175 N.C. App. 663, 667, 625 S.E.2d 553, 556 (2006), "the only evidence presented by the State as to defendant's prior convictions was a prior record level worksheet purporting to list three prior convictions." Boyce at 667, 625 S.E.2d at 556. Following the State's summation of the prior record level worksheet, the trial court conducted a bench conference, after which the judge stated: Madam Court Reporter, let the record reflect that the district attorney has handed up, after it was reviewed by the defense counsel, AOC-600 form, the worksheet of the prior record level for felony sentencing and a prior conviction level for misdemeanor sentencing. He's handed that up to the Court, indicating the defendant had four points against him prior to this, placing him in a prior record Level 2. Id. at 668, 625 S.E.2d at 556-57. This Court concluded: The fact defense counsel did not object to the trial court's statement that he had reviewed the prior record level worksheet and the judge's summation of the point level is tantamount to an admission or stipulation that defendant had the prior convictions asserted by the State. . . . and we also note that defendant has not asserted in his appellate brief that any of the prior convictions listed on the worksheet do not, in fact, exist. Id. at 668, 625 S.E.2d at 557.