State v. Penland

ARNOLD, Judge.

In his sole assignment of error, defendant contends the trial court erred in considering the habitual felon charge as a separate crime and in sentencing him separately as an habitual felon. We agree.

The only reason for establishing that an accused is an habitual felon is to enhance the punishment which would otherwise be appropriate for the substantive felony which he has allegedly committed while in such a status. State v. Allen, 292 N.C. 431, 233 S.E. 2d 585 (1977). Being an habitual felon is not a crime but is a status. Id. The status itself, standing alone, will not support…