Smith's Criminal Case Compendium
Table of Contents
State v. Edgerton, 266 N.C. App. 521 (Aug. 6, 2019)
In this habitual larceny case where the defendant was sentenced as a habitual felon, the defendant was not prejudiced by the trial court’s failure to formally arraign him on the indictment alleging the prior convictions. G.S. 15A-928 mandates that in cases where a previous conviction elevates a later offense to a higher grade a trial judge must arraign a defendant on the special indictment that alleges the prior convictions. Because it is a statutory mandate, a trial judge’s failure to so arraign a defendant automatically is preserved for appellate review regardless of whether the defendant objects at trial. Reviewing the record, including the fact of the stipulation to the convictions, the court concluded that the defendant was not prejudiced by the trial court’s error.