State v. Winstead

BECTON, Judge.

The defendant, Curtis Lee Winstead, appeals from a conviction of attempted robbery with a dangerous weapon and being an habitual felon.

Defendant was indicted on 4 September 1984 for attempted armed robbery and for being an habitual felon as defined in N.C. Gen. Stat. Sec. 14-7.1 (1981). Also on 4 September 1984, a separate indictment was returned charging defendant with being an habitual felon. On 4 December 1984, a new bill of indictment for attempted armed robbery was returned by the grand jury. The new indictment was identical to the first attempted armed robbery indictment…