STATE v. MURPHY

No. COA08-382.

666 S.E.2d 880 (2008)

STATE of North Carolina v. Antwan Terrell MURPHY.

Court of Appeals of North Carolina.

October 7, 2008.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper III, by Special Deputy Attorney General LeAnn M. Rhodes, for the State.

Michael J. Reece, Smithfield, for defendant-appellant.


STEELMAN, Judge.

Where the State withdrew its indictment for habitual felon status as to the charges of robbery with a dangerous weapon and attempted robbery with a dangerous weapon prior to the habitual felon portion of the trial, the trial court was not required to sentence defendant as an habitual felon on those charges.

I. Factual and Procedural Background

On 27 November 2006, Antwan Terrell...

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