State v. Bethea

EAGLES, Judge.

Defendant argues that the trial court erred in determining defendant’s prior record level (1) when it considered that all the elements of the present offense are included in a prior offense which had been used to establish defendant’s habitual felon status, and (2) when it considered that the present offense was committed while the defendant was on probation as part of the sentence imposed for a prior offense which had been used to establish defendant’s habitual felon status. Defendant argues that calculating the prior record level in this manner is contrary to G.S. 14-7.6. We…