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STATE v. HOWELL

No. COA16-303.

792 S.E.2d 898 (2016)

STATE of North Carolina v. William Sheldon HOWELL.

Court of Appeals of North Carolina.

Filed: December 6, 2016.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Susan Fountain , for the State.

Edward Eldred , Attorney at Law, PLLC, by Edward Eldred, for defendant-appellant.

Where the sentencing statute states that a Class 1 misdemeanor under the Controlled Substances Act "shall be punished as a Class I felon[y]" where the misdemeanant has committed a previous offense punishable under the Act, the sentencing statute acts to enhance punishment for a misdemeanor offense and is not a separate felony. Accordingly...

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