State v. Wall

TIMMONS-GOODSON, Judge.

Carlton Dale Wall (“defendant”) was indicted on 19 January 1999 for possession with intent to sell and deliver a counterfeit controlled substance, sale and delivery of a counterfeit controlled substance, and as an habitual felon. Defendant’s habitual felon indictment was based on two 13 July 1989 convictions for felony larceny, a 4 October 1991 conviction for common law robbery, and a 24 April 1995 conviction for assault with a deadly weapon inflicting serious bodily injury.

During the habitual felon phase of defendant’s trial and out of the presence of the jury, the…