State v. Bethea, 204 N.C. App. 587 (Jun. 15, 2010)

The defendant was properly assigned two prior record level points for a federal felony. The State presented a prior record level worksheet, signed by defense counsel, indicating that the defendant had two points for the federal conviction. During a hearing, the prosecutor asked defense counsel if the defendant stipulated to having two points and defense counsel responded: “Judge, I saw one conviction on the worksheet. [The defendant] has agreed that’s him. Two points.” Defense counsel made no objection to the worksheet. When the defendant was asked by counsel if he wanted to say anything, the defendant responded, “No, sir.” The worksheet, defense counsel’s remark, and defendant’s failure to dispute the existence of his out-of-state conviction are sufficient to prove that the prior conviction exists, that the defendant is the person named in the prior conviction, and that the prior offense carried two points.