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STATE v. BLACK

No. COA19-1125.

854 S.E.2d 448 (2021)

2021-NCCOA-5

STATE of North Carolina v. Eleanor BLACK, Defendant.

Court of Appeals of North Carolina.

Filed: February 2, 2021.

Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Assistant Attorney General Jessica V. Sutton , for the State.

Jarvis John Edgerton, IV , for Defendant-Appellant.

¶ 1 When enhancing a criminal defendant's sentence based on a prior criminal offense committed in another state, the trial court must consider the legal elements of the out-of-state offense to determine that it is substantially similar to a North Carolina offense. This is a legal issue that cannot be waived by a criminal defendant...

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