State v. McIlwaine

BRYANT, Judge.

Stephen Mcllwaine (defendant) appeals a judgment filed 12 August 2003 sentencing him to 107 to 138 months imprisonment for felonious failure to appear enhanced by habitual felon status.

On 19 February 2003, defendant, after appearing for trial on charges including felony possession with intent to sell or deliver cocaine, left the courtroom after a pretrial motion was denied and never returned. The trial court issued an order for arrest and on 24 June 2003, defendant was indicted for failure to appear on a felony. Defendant had previously been indicted for habitual felon status.

The…