State v. Jamerson

CALABRIA, Judge.

Keith Lee Jamerson (“defendant”) pled guilty to possession of cocaine and to attaining the status of habitual felon. Defendant appeals asserting the sentence of 80 to 105 months imprisonment violated his constitutional protection against cruel and unusual punishment. Defendant also asserts the trial court erred in failing to dismiss the habitual felon indictment on the ground that “N.C. Gen. Stat. § 14-7.6 provides that to be indicted as an Habitual Felon a defendant must ‘commit a felony’ ” and possession of cocaine is a misdemeanor.

The preliminary issue is whether this Court…