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State v. Penland
Citations: 365 S.E.2d 721; 89 N.C. App. 350; 1988 N.C. App. LEXIS 273Docket: 8717SC822
Court: Court of Appeals of North Carolina; March 15, 1988; North Carolina; State Appellate Court
In the case of State of North Carolina v. Hubert Clinton Penland, the Court of Appeals addressed the defendant's challenge to the trial court's handling of his habitual felon status. The court determined that the trial court erred in treating the habitual felon charge as a separate crime and in imposing a separate sentence for it. The court clarified that being an habitual felon is a status rather than a crime, which serves only to enhance the punishment for the underlying felony committed. Citing previous cases, the court emphasized that the violation of the Habitual Felon Act cannot be treated as a substantive offense. Consequently, the court ordered a new sentencing hearing, instructing that the convictions for assault with a deadly weapon upon a law enforcement officer and habitual felon status be combined and treated as a single Class C felony. The judgment for the habitual felon status was vacated, and the assault conviction was remanded for resentencing. Judges Phillips and Cozort concurred with the decision.