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STATE v. ARTIS

No. COA06-443.

641 S.E.2d 314 (2007)

STATE of North Carolina v. Gregory Requint ARTIS, Defendant.

Court of Appeals of North Carolina.

February 6, 2007.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Dahr Joseph Tanoury, for the State.

Bruce T. Cunningham, Jr., Southern Pines, for defendant-appellant.

GEER, Judge.

Defendant Gregory Requint Artis appeals from his conviction of malicious conduct by a prisoner and habitual misdemeanor assault and his sentencing as a habitual felon. His appeal rests solely on his contention that, under the United States Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296

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