G.S. 14-7.6 Case Example

In State v. Lee, 150 N.C. App. 701, 564 S.E.2d 597 (2002), the State's habitual felon indictment listed five underlying felonies, despite only being required to list three felonies to show the habitual felon status of the defendant. The Court held that "by using the five felony convictions in the habitual felon indictment, the State was precluded from using the same five convictions to increase defendant's prior record level points pursuant to G.S. 14-7.6." Id. at 704, 564 S.E.2d at 598.