State v. BriceAnnotate this Case
The Supreme Court reversed the decision of the court of appeals vacating Defendant’s conviction for committing the felony of habitual misdemeanor larceny and remanding the case for resentencing based upon a misdemeanor larceny conviction. The court of appeals based its decision on the grounds that the indictment returned against Defendant was fatally defective. The Supreme Court reversed the decision of the court of appeals and instructed that court to reinstate the judgment of the trial court, holding that because Defendant did not challenge before the trial court the failure of the indictment returned against her to comply with the separate indictment provision set out in N.C. Gen. Stat. 15A-928, Defendant was not entitled to seek relief based upon that indictment-related deficiency for the first time on appeal.