Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Forte, ___ N.C. App. ___, 817 S.E.2d 764 (Jul. 3, 2018)
review granted, 371 N.C. 779 (Dec. 5, 2018)
A habitual felon indictment was fatally defective. Citing precedent, the court noted that a habitual felon indictment must state two dates for each prior felony conviction: the date that the defendant committed the felony and the date that the defendant was convicted of the felony. These dates are essential elements. Here, the indictment failed to allege an offense date for one of the defendant’s prior felony convictions.