Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Claxton, 225 N.C. App. 150 (Jan. 15, 2013)
The trial court did not err by finding that a NY drug conviction for third-degree drug sale was substantially similar to a NC Class G felony under G.S. 90-95. Comparing the two states’ statutes, the offenses were substantially similar, notwithstanding the fact that the states’ drug schedules are not identical. The court noted: the requirement in G.S. 15A-1340.14(e) “is not that the statutory wording precisely match, but rather that the offense be ‘substantially similar.’”