STATE v. SHAW

No. COA12-545.

737 S.E.2d 596 (2012)

STATE of North Carolina v. Eric Lamont SHAW.

Court of Appeals of North Carolina.

December 4, 2012.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Peggy S. Vincent , for the State.

McCotter Ashton, P.A., New Bern, by Rudolph A. Ashton, III , for Defendant-appellant.


ERVIN, Judge.

Defendant Lamont Eric Shaw appeals from a judgment sentencing him to 101 to 131 months imprisonment based upon his convictions for misdemeanor possession of stolen property, uttering a forged instrument, and having attained the status of an habitual felon. In his brief, Defendant contends that the trial court erroneously sentenced him as an habitual felon given that one of the predicate felonies used to enhance his sentence could not be lawfully used...

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