State v. Thomas

WHICHARD, Judge.

We have carefully considered defendant’s first, second, and fourth assignments of error. We find no prejudicial error in any of them and accordingly overrule them.

In his third assignment of error defendant contends the court erred in sentencing him in a separate judgment and commitment as an habitual felon in violation of G.S. 14-7.1 because being an habitual felon is not a substantive crime. We agree.

In State v. Allen, 292 N.C. 431, 435, 233 S.E. 2d 585, 588 (1977), our Supreme Court stated:

The only reason for establishing that an accused is an habitual felon is to enhance…