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STATE v. HAWKINS

No. 9214SC778.

431 S.E.2d 503 (1993)

110 N.C. App. 837

STATE of North Carolina, v. Earl Lee HAWKINS.

Court of Appeals of North Carolina.

July 6, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen., Jacob L. Safron, Raleigh, for the State.

Public Defender Robert Brown, Jr., Durham, for defendant appellant.

JOHN, Judge.

Defendant contends the trial court erred in sentencing him as an habitual felon because of an alleged defect in the habitual felon indictment. We agree.

Defendant was indicted on (1) four counts of felonious breaking and entering, (2) three counts of felonious larceny, and (3) one count of being an habitual felon. The habitual felon indictment properly alleged that defendant had been convicted of three...

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