State v. Fox

STROUD, Judge.

Bernis Harold Fox (“defendant”) appeals from a conviction for felony stalking. Because evidence presented in support of defendant’s indictment amounted to double jeopardy, we vacate defendant’s conviction for felony stalking and attaining the status of habitual felon.

I. Background

On 22 February 2010, defendant was indicted for felony stalking and obtaining the status of habitual felon. Defendant was tried on *145these charges at the 20 September 2010 Criminal Session of Superior Court, Harnett County. The State’s evidence presented at trial tended to show that on 20 February 2009,…