State v. Lockhart

GEER, Judge.

Defendant Henry Scott Lockhart appeals from his convictions for felonious escape and having achieved the status of habitual felon. On appeal, defendant primarily argues that the indictment improperly charged him with felony escape under N.C. Gen. Stat. § 148-45(b) (2005) rather than escape of a work-release prisoner under N.C. Gen. Stat. § 148-45(g), and, therefore, that there was a fatal variance between the indictment and the evidence presented at trial. We hold that because the indictment tracked the language of N.C. Gen. Stat. § 148-45(g), it was sufficient to charge defendant…