In North Carolina, a habitual felon is someone who has been convicted of or pled guilty to three felonies. These defendants may be indicted as habitual felons if they have been designated as such and have been charged with another felony. North Carolina law also states that a defendant may not be prosecuted just to establish them as a habitual felon; there must be an existing felony case that the habitual felon proceeding can accompany.
Being convicted of a felony while also being considered a habitual felon can dramatically change the penalties that a defendant faces because of the enhanced sentencing that comes with habitual felon status.
State v. Smith
In the case of State v. Smith, the defendant, Smith, appealed from the trial court’s ruling that was entered after a jury found him guilty of felony larceny. In his appeal, Smith contended that the trial court erred by enhancing his conviction based on a habitual felon indictment. His argument was, essentially, that the trial court did not have jurisdiction to name him a habitual felon and enhance his sentence.
North Carolina law allows anyone charged with a felony and with being a habitual felon to be sentenced according to the penalties for habitual felons rather than following the sentencing structure for the accompanying felony. In many cases, state law requires that habitual felons be sentenced at a level four classes higher than the felony for which a defendant is convicted. This has the potential to increase the severity of sentencing significantly.
Background of State v. Smith
In July 2022, Smith was indicted for obtaining habitual felon status, the issuance of which was returned later that same month. On November 28, 2022, Smith was indicted for larceny and resisting, delaying, and obstructing an officer, offenses he committed on September 18, 2022. He was tried in April 2023, and after the jury found him guilty on all charges, Smith pled guilty to the habitual felon indictment. As a habitual felon, he received an enhanced conviction. He appealed.
Habitual Felon Indictment in State v. Smith
In his appeal, Smith argued that the trial court enhanced his conviction improperly. The appellate court agreed. Because habitual felony proceedings must be accompanied by a separate felony case, Smith’s indictment must be vacated. When he received the habitual felon designation in July 2022, there was no other felony prosecution pending, and the Court of Appeals pointed out that the habitual felon indictment cannot be attached to felonies that have not occurred yet.
The appellate court vacated Smith’s habitual felon guilty plea and remanded the larceny conviction to the lower court for resentencing.