State v. Moore

The majority opinion, relying on an analysis from State v. Creason, 313 N.C. 122, 326 S.E.2d 24 (1985), holds that a defendant may not be convicted under N.C.G.S. § 90-95(a)(l) for both the sale and the delivery of a controlled substance arising from one transaction. I disagree.

Creason is cited by the majority to support the collapse of what has historically been two separate offenses, sale or delivery, into one offense, the “transfer of a controlled substance by sale or delivery.” Creason involved an exploration of the legislative intent of N.C.G.S. § 90-95(a)(l) focusing on the single…