Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Conley, 264 N.C.App. 85, 825 S.E.2d 10 (Feb. 19, 2019)
aff'd on other grounds, 264 N.C.App. 85, 825 S.E.2d 10 (Apr. 3, 2020)
Because the defendant failed to present his constitutional double jeopardy argument before the trial court, it was not properly preserved for appellate review. The defendant was found guilty of, among other things, five counts of possession of a gun on educational property. On appeal the defendant argued that the trial court erred by entering judgment on five counts of possession of a gun on educational property, asserting that double jeopardy bars entry of judgment on more than one count when there is simultaneous possession of guns. The court held that the issue was not preserved and declined the defendant’s request that it invoke Rule 2 of the Rules of Appellate Procedure to consider the issue.