STATE v. BETHEA

No. COA95-650.

471 S.E.2d 430 (1996)

STATE of North Carolina, Plaintiff, v. Renwick Marvin BETHEA, Defendant.

Court of Appeals of North Carolina.

June 4, 1996.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Jill Ledford Cheek, for the State.

Bruce & Baskerville by R. Michael Bruce, Danbury, for defendant-appellant.


EAGLES, Judge.

Defendant argues that the trial court erred in determining defendant's prior record level (1) when it considered that all the elements of the present offense are included in a prior offense which had been used to establish defendant's habitual felon status, and (2) when it considered that the present offense was committed while the defendant was on probation as part of the sentence imposed for a prior offense which had been used to establish defendant...

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