State v. Simmons

TIMMONS-GOODSON, Judge.

James Daniel Simmons (“defendant”) appeals his convictions of possessing cocaine and attaining habitual felon status. For the reasons stated herein, we affirm in part and vacate in part the judgment of the trial court.

The evidence presented at trial tends to show the following; At approximately 8:30 a.m. on 31 December 2001, police officer Bret Moyer (“Officer Moyer”) was parked in a patrol vehicle monitoring traffic at the intersection of Liberty Street and 14th Street in Winston-Salem, North Carolina. Officer Moyer observed a vehicle drive through a red light into the…