State v. Eury

ELMORE, Judge.

The trial court sentenced Richard S. Eury (defendant) at a prior record level six in the mitigated range of 90 to 120 months imprisonment for possession of a stolen vehicle and attaining the status of an habitual felon. Because the trial court erred in calculating defendant's prior record level, we remand for resentencing.

I. Background

On 14 July 2014, the Mecklenburg County Grand Jury returned indictments against defendant for larceny of a motor vehicle in violation of N.C. Gen.Stat. § 14-72 (2013), possession of a stolen vehicle in violation of N.C. Gen.Stat. § 20-106 (2013),…