MITCHELL, Chief Justice.
Defendant, Coye Haven Kirkpatrick, was convicted of uttering a check with a forged endorsement and was given an enhanced sentence pursuant to our habitual felon statute, see N.C.G.S. § 14-7.6 (1993), of a term of imprisonment of forty-six years. The Court of Appeals acting ex mero motu concluded that there was a material variance between the allegation and the verdict and judgment, reasoning that defendant was convicted...
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