[U] State v. Mcgee

Unpublished opinion An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. Defendant Daniel Elvel McGee was charged with misdemeanor assault on a government official and habitual misdemeanor assault. By a separate bill of indictment defendant was charged with attaining habitual felon status. On 22 February 2005, a jury found defendant guilty of misdemeanor assault on a government official. Defendant subsequently stipulated to the five prior misdemeanor convictions that formed the basis of the habitual misdemeanor assault charge and admitted his habitual felon status. The trial court enhanced defendant's conviction to habitual misdemeanor assault and sentenced defendant as an habitual felon to 90 to 117 months imprisonment. Defendant appeals, contending that hishabitual felon indictment and habitual misdemeanor assault indictment were fatally defective. For the reasons discussed below, we find no error.