State v. Smith

TYSON, Judge.

Tracy Glen Smith (“defendant”) appeals from judgment entered after he pleaded guilty to: (1) possession with intent to sell and deliver cocaine pursuant to N.C. Gen. Stat. § 90-95(a) and (2) having attained habitual felon status. We vacate and remand.

I. Background

On 13 January 2006, Kinston Department of Public Safety Captain Milton Kivett (“Captain Kivett”) went to the 300 block of East Blount Street “to back two officers up on a traffic stop.” Upon arrival, the officers had removed one of the occupants from the vehicle. Captain Kivett was advised by the other officers that they…