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STATE v. HOWELL

No. 455PA16.

811 S.E.2d 570 (2018)

STATE of North Carolina v. William Sheldon HOWELL.

Supreme Court of North Carolina.

Filed April 6, 2018.

Attorney(s) appearing for the Case

Joshua H. Stein , Attorney General, by Tracy Nayer , Assistant Attorney General, for the State-appellant.

Edward Eldred for defendant-appellee.

In this case we are called upon to determine whether language in N.C.G.S. § 90-95(e)(3) of the North Carolina Controlled Substances Act ("the Act"), which provides that a Class 1 misdemeanor "shall be punished as a Class I felon[y]" when the misdemeanant has committed a previous offense punishable under the Act, procedurally...

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