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STATE v. COGDELL

No. COA03-605.

599 S.E.2d 570 (2004)

STATE of North Carolina v. James Russell COGDELL.

Court of Appeals of North Carolina.

July 20, 2004.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Elizabeth F. Parsons, for the State.

Winifred H. Dillon, Garner, for defendant-appellant.

HUNTER, Judge.

James Russell Cogdell ("defendant") appeals a judgment sentencing him to 120 to 153 months imprisonment for felonious breaking and entering, damage to real property, malicious conduct by a prisoner, as well as attaining the status of an habitual felon. Specifically, defendant takes issue with the trial court's failure to (I) dismiss a superseding habitual felon indictment filed after he pled to the substantive felonies, (II) dismiss the charge of felony...

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