State v. Glidden

Although I agree with the result reached by the majority, I cannot subscribe to its rationale. The “definitional test” so readily adopted by the majority to determine whether a misdemeanor may be “elevated to the level of felon[y]” raises the very constitutional principles the majority refuses to address and its application defies logic and common sense.

This case requires the construction of several statutes and therefore requires an examination of legislative intent. In re Hardy, 294 N.C. 90, 240 S.E. 2d 367 (1978). Legislative intent may be ascertained from the words as well as the nature…