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STATE v. CHEEK

No. 3PA94.

453 S.E.2d 862 (1995)

339 N.C. 725

STATE of North Carolina v. Steve Allen CHEEK.

Supreme Court of North Carolina.

March 3, 1995.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Jeffrey P. Gray and Patricia Bly Hall, Asst. Attys. Gen., for the state-appellant and -appellee.

Frederick G. Lind, Asst. Public Defender, for defendant-appellant and -appellee.

PARKER, Justice.

Defendant was indicted in two separate indictments for possession of marijuana with intent to sell and deliver and for being a habitual felon. Defendant was convicted of both charges in a two-step procedure pursuant to N.C.G.S. § 14-7.5. First, defendant was convicted of the predicate substantive felony of possession of marijuana with intent to sell and deliver. After his conviction on this charge, defendant moved to dismiss the habitual felon...

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