STATE v. NORTHINGTON

No. COA13-475.

749 S.E.2d 925 (2013)

STATE of North Carolina v. Vincent Edward NORTHINGTON.

Court of Appeals of North Carolina.

November 19, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Hilda Burnett-Baker , for the State.

Bowen and Berry , PLLC, Wilmington, by Sue Genrich Berry , for defendant-appellant.


STEELMAN, Judge.

Where there was positive evidence as to each and every element of felonious possession of stolen property and felonious breaking and entering, the trial court did not err by denying defendant's request for instructions on lesser included offenses. Where both Class H and Class I felonies carry two sentencing points for the computation of defendant's prior felony record level, the trial court's designation of an out-of-state conviction as a Class H...

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