STATE v. PENLAND

No. 8717SC822.

365 S.E.2d 721 (1988)

STATE of North Carolina v. Hubert Clinton PENLAND.

Court of Appeals of North Carolina.

March 15, 1988.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Asst. Atty. Gen. Thomas D. Zweigart, Research Triangle Park, for State.

V.L. DeHart, Jr., Danbury, for defendant appellant.


ARNOLD, Judge.

In his sole assignment of error, defendant contends the trial court erred in considering the habitual felon charge as a separate crime and in sentencing him separately as an habitual felon. We agree.

The only reason for establishing that an accused is an habitual felon is to enhance the punishment which would otherwise be appropriate for the substantive felony which he has allegedly committed while in such a status. State v. Allen,

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