Britt v. State

Because I would hold that the 2004 amendment to N.C. Gen. Stat. § 14-415.1 is unconstitutional, I respectfully dissent from the majority opinion.

*620As this Court stated in Johnson, we apply a two-part test to analyze whether a law imposes punishment retroactively:

First, the court must determine whether it was the legislature’s intent to impose a punishment or merely enact a civil or regulatory law. In reaching this determination, the court may consider the structure and design of the statute along with any declared legislative intent. Second, where it appears the legislature did not intend to…