STATE v. BETHEA

No. COA09-833.

694 S.E.2d 451 (2010)

STATE of North Carolina v. Ricky BETHEA.

Court of Appeals of North Carolina.

June 15, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Christine A. Goebel, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender David W. Andrews, for defendant-appellant.


HUNTER, JR., ROBERT N., Judge.

Defendant appeals from the trial court's judgment sentencing him as a prior record level II offender based on an out-of-state conviction in federal court for conspiracy to distribute cocaine. On appeal, defendant solely contends that the trial court's calculation of his prior record level was not supported by sufficient evidence to show that the point value of his out-of-state conviction for a federal felony was a felony or "substantially...

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