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STATE v. FAIR

No. COA03-707.

596 S.E.2d 871 (2004)

STATE of North Carolina v. Wilbert Lester FAIR.

Court of Appeals of North Carolina.

June 15, 2004.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General John F. Oates, Jr., for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Charlesena Elliott Walker, for defendant-appellant.

CALABRIA, Judge.

Wilbert Lester Fair ("defendant") seeks review of a judgment entered on jury verdicts finding him guilty of sale and delivery of cocaine and possession with intent to sell or deliver cocaine.1 The court found his prior record level was level IV and sentenced him as a habitual felon to a term of 107 to 138 months' imprisonment in the North Carolina Department of Correction. Because we find prejudicial error, we conclude...

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