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STATE v. HAIRSTON

No. COA99-326.

528 S.E.2d 29 (2000)

STATE of North Carolina v. William Roosevelt HAIRSTON.

Court of Appeals of North Carolina.

April 4, 2000.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Daniel P. O'Brien, for the State.

Stowers & James, P.A., by Paul M. James, III, Winston-Salem, for defendant-appellant.

HUNTER, Judge.

William Roosevelt Hairston ("defendant") appeals his conviction of being an habitual felon, on the grounds that the trial court erred by denying defendant's motion to dismiss the habitual felon indictment for insufficiency of the evidence. Defendant's motion was made on the grounds that the statutory creation of a prima facie case in N.C. Gen. Stat. § 14-7.4 unconstitutionally shifts the burden of proof to the defendant in violation of due...

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