State v. Gilmore

In State v. Gilmore, 142 N.C. App. 465, 542 S.E.2d 694 (2001), defendant stipulated, but did not plead guilty, to habitual felon status. Relying upon State v. Williams, 133 N.C. App. 326, 515 S.E.2d 80 (1999), the Court reversed the conviction for habitual felon status, stating that this status must either be established by jury verdict or by a guilty plea, and that a stipulation "is not tantamount to a guilty plea." Gilmore at 471, 542 S.E.2d at 699.