State v. Brice

ELMORE, Judge.

*766 Defendant argues on appeal that the indictment against her was fatally defective because it failed to comply with the requirements set forth in N.C. Gen.Stat. § 15A-928. Defendant's petition for certiorari is allowed by this Court so that we may review the judgment entered. In accordance with State v. Williams, 153 N.C.App. 192 , 568 S.E.2d 890 (2002), we hold that the indictment was insufficient to confer jurisdiction upon the trial court. We vacate defendant's conviction for habitual misdemeanor larceny and remand for entry of judgment and sentence for misdemeanor larceny.

I.…