The district attorney, in his or her discretion, may charge a person as an habitual felon pursuant to this Article. An indictment which charges a person who is an habitual felon within the meaning of G.S. 14-7.1 with the commission of any felony under the laws of the State of North Carolina must, in order to sustain a conviction of habitual felon, also charge that said person is an habitual felon. The indictment charging the defendant as an habitual felon shall be separate from the indictment charging him with the principal felony. An indictment which charges a person with being an habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom said felony offenses were committed, the dates that pleas of guilty were entered to or convictions returned in said felony offenses, and the identity of the court wherein said pleas or convictions took place. No defendant charged with being an habitual felon in a bill of indictment shall be required to go to trial on said charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this 20-day period. (1967, c. 1241, s. 3; 2011-192, s. 3(c).)
Notes of Decisions
Cited in
70
cases (
3 in the last 5 years), 1977–2024 · leading case:
State v. Langley, 817 S.E.2d 191 (N.C. 2018).
State v. Langley, 817 S.E.2d 191 (N.C. 2018).
· cites it 32× “The State, on the other hand, argued that the habitual felon indictment returned against defendant did, in fact, comply with the requirements set out in N.C.G.S. § 14-7.3 and sufficed to support the trial court's decision to sentence defendant as an habitual felon.”
State v. Cheek, 453 S.E.2d 862 (N.C. 1995).
· cites it 24× “1 with the commission of any felony under the laws of the State of North Carolina must, in order to sustain a conviction of habitual felon, also charge that said person is an habitual felon.”
State v. Forte, 817 S.E.2d 764 (N.C. Ct. App. 2018).
· cites it 16× “In Langley, this Court held for a habitual felon indictment to comply with N.C. Gen. Stat. § 14-7.3 , the indictment must state the two dates listed for each prior felony conviction: “the date the defendant committed the felony and the date the defendant was convicted of that…”
State v. Smith, 584 S.E.2d 830 (N.C. Ct. App. 2003).
· cites it 9× “Nothing in the plain wording of N.C.G.S. § 14-7.3 requires a specific reference to the predicate substantive felony in the habitual felon indictment.”
State v. Langley, 803 S.E.2d 166 (N.C. Ct. App. 2017).
· cites it 15× “" N.C.G.S. § 14-7.3 (2015) (emphasis added).”
State v. Moncree, 655 S.E.2d 464 (N.C. Ct. App. 2008).
· cites it 10× “N.C. Gen. Stat. § 14-7.3 specifies what an habitual felon indictment must allege: An indictment which charges a person with being an habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom said…”
State v. Sinclair, 663 S.E.2d 866 (N.C. Ct. App. 2008).
· cites it 6× “N.C. Gen. Stat. § 14-7.3 (2007). Section 15A-626(b) of our General Statutes provides that “[i]n proceedings upon bills of indictment submitted by the prosecutor to the grand jury, the clerk must call as witnesses the persons whose names are listed on the bills by the prosecutor.”
State v. Patton, 466 S.E.2d 708 (N.C. 1996).
· cites it 13× “N.C.G.S. § 14-7.3 provides for the charging of a person as an habitual felon, in pertinent part, as follows: An indictment which charges a person who is an habitual felon within the meaning of G.”
State v. Taylor, 691 S.E.2d 755 (N.C. Ct. App. 2010).
· cites it 6× “N.C. Gen. Stat. § 14-7.3 (2009) provides in pertinent part: An indictment which charges a person with being an habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom said felony offenses were…”
State v. Todd, 326 S.E.2d 249 (N.C. 1985).
· cites it 5× “In addition to the above constitutional challenges, defendant contends that the habitual felon indictment does not comply with N.C.G.S. § 14-7.3 in that the indictment for breaking or entering and larceny fails to refer to his alleged status as an habitual offender at the time…”
State v. Adams, 576 S.E.2d 377 (N.C. Ct. App. 2003).
· cites it 6× “” N.C. Gen. Stat. § 14-7.3 (2001) (emphasis added).”
State v. Young, 462 S.E.2d 683 (N.C. Ct. App. 1995).
· cites it 8× “Prior to his plea of guilty to the charge of being an habitual felon, defendant moved to dismiss the charge on the grounds, inter alia, that the charge was contained as an additional count in the same bill of indictment in which he was charged with common law robbery, and was…”
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