State v. Newborn
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The Supreme Court reversed the decision of the court of appeals vacating Defendant's conviction for possession of a firearm by a felon because the State failed to obtain a separate indictment for that offense under N.C. Gen. Stat. 14-415.1(c), holding that a violation of the mandatory separate indictment provision is not fatally defective.
The State brought an indictment charging Defendant with possession of a firearm and two related offenses. The State did not obtain a separate indictment for Defendant's offense of possession of a firearm by a felon. The trial court convicted Defendant of possession of a firearm by a felon, possession of a firearm with an altered or removed seal number, and carrying a concealed weapon. The court of appeals reversed in part because the State failed to obtain a separate indictment for Defendant's conviction for possession of a firearm by a felon. The Supreme Court reversed, holding that the court of appeals erroneously applied its precedent in State v. Wilkins, 737 S.E.2d 791 (N.C. App. 2013), and that Wilkins is hereby specifically overruled.
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