State v. Dubose, 208 N.C. App. 406 (Dec. 7, 2010)

The trial court erred by making a determination under G.S. 14-50.25 that the offenses involved criminal street gang activity outside of defendant’s presence and without giving him an opportunity to be heard; vacating and remanding for a new sentencing hearing. A finding of criminal street gang activity was a “substantive change” in the judgments that must be made in defendant’s presence and with an opportunity to be heard.