State v. Wilson

I respectfully dissent from the majority opinion’s conclusion that defendant’s case was not “final” thereby resulting in the trial court committing error by imposing the firearm enhancement penalty on defendant’s re-sentencing for second-degree kidnapping.

As stated in the majority opinion, “[i]f a judgment is invalid as a matter of law, North Carolina Courts have the authority to vacate the invalid sentence and resentence the defendant accordingly....” State v. Branch, 134 N.C. App. 637, 641, 518 S.E.2d 213, 216 (1999). Here, I agree with the majority’s conclusion that defendant’s separate…