State v. Arrington

Defendant contends in his brief that he was "sentenced as a Level V offender when his prior record supported only a Level IV sentence." The majority agrees with Defendant and vacates his guilty plea and sentence. I respectfully dissent from the majority opinion.

*791On September 14, 2015, Defendant pleaded guilty in Buncombe County Superior Court to assault with a deadly weapon inflicting serious injury, felony failure to appear, and having attained habitual felon status. Pursuant to a plea arrangement, the State dismissed a separate habitual felon indictment against Defendant. The parties agreed…