State v. ConleyAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing judgments entered by the superior court convicting and sentencing Defendant on five separate counts for violation of N.C. Gen. Stat. 14-269.2(b) based on an incident in which he was discovered on the grounds of a school in possession of five guns, holding that, under the rule of lenity, Defendant could only lawfully be convicted on one firearm count.
Defendant's convictions arose from an incident in which he was discovered on the grounds of a school in possession of five guns. At issue was whether section 14-259.2(b) was ambiguous as to whether multiple convictions are permitted for the simultaneous possession of more than one firearm on a single occasion. The Supreme Court invoked the rule of lenity and held that Defendant could be convicted of only a single violation of the statute.