State v. Santillanes

OPINION

EASLEY, Chief Justice.

Santillanes pled guilty to three counts of trafficking in heroin, after the trial judge sustained a defense motion to strike “the enhancement penalty (if any)” with prejudice. The State appealed; the Court of Appeals reversed. We granted certiorari and certified the case back to the Court of Appeals, which affirmed the trial court’s decision. Application for certiorari was again made and granted, and we now reverse.

The issue is whether it is mandatory that prior trafficking convictions be charged and enhancement of sentence be demanded before the defendant starts…