State v. Floyd

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In 2011, Defendant was indicted for possession of a firearm by a convicted felon, possession of a weapon of mass destruction, and attaining habitual felon status. The indictment listed the underlying felony as attempted assault with a deadly weapon inflicting serious injury, with Defendant having pled guilty in 2005. The 2005 conviction was also listed as one supporting a finding of habitual felon status. The jury found Defendant guilty of the charges. The Court of Appeals reversed, concluding (1) attempted assault is not a recognized criminal offense in North Carolina, and therefore, Defendant’s 2005 conviction could not support the convictions for possession of a firearm by a convicted felon and attaining habitual felon status; and (2) the trial court failed to identify and properly address an impasse that arose between Defendant and his counsel, and therefore, Defendant was entitled to a new trial on the possession of a weapon of mass destruction charge. The Supreme Court reversed in part and vacated in part, holding (1) the Court of Appeals incorrectly held that Defendant’s 2005 conviction could not support the convictions of possession of a firearm by a convicted felon and attaining habitual felon status; and (2) it cannot be determined whether an absolute impasse existed in this case. Remanded. View "State v. Floyd" on Justia Law

Posted in: Criminal Law

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