State v. Mason

ELMORE, Judge.

William T. Mason (defendant) was indicted on 4 March 2002 for possession of a firearm by a felon and for being an habitual felon. A jury found defendant guilty of possession of a firearm by a felon, and defendant was also convicted of being an habitual felon. Defendant appealed, and this Court reversed and remanded defendant’s convictions for a new trial in an unpublished opinion filed 20 January 2004. See State v. Mason, 162 N.C. App. 360, 590 S.E.2d 477 (2004) (unpublished opinion). The Court held that there was a fatal variance between the indictment and the evidence at trial…