This post discusses what may be the single most common error in habitual felon proceedings: having a defendant stipulate, rather than plead guilty, to being a habitual felon. Must plead guilty, not just stipulate. “Being an habitual felon is not a crime but is a status.” State v. Allen, 292 N.C. 431 (1977). Yet a defendant who wishes to admit being a habitual felon must plead guilty, not merely “stipulate to his . . . status” or to his previous convictions. State v. Gilmore, 142 N.C. App. 465 (2001). The court in Gilmore reasoned that, by statute, “the proceedings [on a habitual felon allegation] shall be as if the issue . . . were a principal charge.” G.S. 14-7.5. Thus, an admission by the defendant must include a full plea colloquy under G.S. 15A-1022. See also State v. Edwards, 150 N.C. App. 544 (2002) (following Gilmore notwithstanding the state’s argument, citing Allen, that “that the charge of habitual felon is not an independent crime subject to the requirements of Chapter 15A”). Frequent reversals. Habitual felon convictions are regularly reversed because a defendant merely stipulated to being a habitual felon. I suspect that this is the most common error in habitual felon proceedings. A few minutes on Westlaw disclosed the following cases on point, including one just last week, and I’m sure that there are others that I missed: State v. Wilkins, __ N.C. App. __, __ S.E.2d __, 2013 WL 427194 (N.C. Ct. App. Feb. 5, 2013) State v. Wilson, 2013 [...]
Faculty Coordinators
