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STATE v. PARKS

No. COA00-1275.

553 S.E.2d 695 (2001)

STATE of North Carolina v. Darian Wayne PARKS, Defendant.

Court of Appeals of North Carolina.

October 16, 2001.

Attorney(s) appearing for the Case

Attorney General Roy Cooper by Special Deputy Attorney General Kathryn Jones Cooper, for the State.

Cunningham, Dedmond, Petersen & Smith, L.L.P. by Bruce T. Cunningham, Jr., Southern Pines, for defendant-appellant.

HUDSON, Judge.

Defendant appeals the denial of his motion to dismiss his indictment as an habitual felon in case number 99 CRS 2414. Defendant was found guilty of felonious larceny and felonious possession of stolen goods by a unanimous jury on 16 August 2000 in case number 98 CRS 4106. Defendant had attempted to steal a riding lawnmower from the parking lot of a Wal-Mart store, but was not able to get the mower off of the premises. Based upon defendant's previous...

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