State v. Cherry

BECTON, Judge.

I

Defendant first argues that the trial court should have allowed her motion to dismiss the bill of indictment. Defendant was originally charged in a Magistrate’s Order with feloniously possessing with intent to sell and deliver four grams, but less than fourteen grams, of heroin. Defendant was subsequently indicted for feloniously trafficking in heroin by possessing and transporting 4.6 grams of heroin in violation of G.S. 90-95(h)(4). The “trafficking” offense carries a greater punishment than the offense with which defendant had been originally charged. Defendant contends that…