State v. Mcgee

In State v. McGee, 175 N.C. App. 586, 587-88, 623 S.E.2d 782, 784 (2006) defendant argued his habitual felon indictment lacked sufficient information regarding the court and case file number for one of the predicate felonies. Id., 175 N.C. App. at 587, 623 S.E.2d at 784. The Court held because defendant did "not dispute that the indictment included each of the elements specified in the [habitual felon] statute, defendant did not raise the issue at trial, and thus waived his right to appeal this issue." Id., 175 N.C. App. at 588, 623 S.E.2d at 784. However, in the instant case, defendant argues the indictment failed to allege the essential elements of habitual felon status as required under N.C. Gen. Stat. 14-7.3. Because defendant argues the indictment failed to include each of the elements specified in N.C. Gen. Stat. 14-7.3, the issue is jurisdictional and may be raised at any time. McGee, 175 N.C. App. at 587-88, 623 S.E.2d at 784. In State v. McGee, 175 N.C. App. 586, 588, 623 S.E.2d 782, 784, disc. rev. denied, 360 N.C. 489, 632 S.E.2d 768 (2006), the defendant challenged the habitual felon indictment on the grounds that the indictment incorrectly identified the court and case file number of one of the predicate felonies and the date of conviction of a predicate felony. 175 N.C. App. at 587, 623 S.E.2d at 784. The Court concluded such assertions did not constitute challenges to the validity of the indictment on its face. Id. at 588, 623 S.E.2d at 784. This Court held the defendant had waived his right to challenge the indictment on these grounds by pleading guilty. Id.