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State v. Floyd

Court of Appeals of North Carolina

December 16, 2014

STATE OF NORTH CAROLINA
v.
COREY DEON FLOYD

Heard in the Court of Appeals September 24, 2014.

Page 362

[Copyrighted Material Omitted]

Page 363

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Appeal by defendant from judgment entered 30 October 2013 by Judge Jack W. Jenkins in Lenoir County Superior Court. .

Lenoir County. Nos. 10 CRS 053593, 11 CRS 79-80.

Attorney Roy Cooper, by Assistant Attorney General Stuart M. Saunders, for the State.

Massengale & Ozer, by Marilyn G. Ozer, for Defendant.

ERVIN, Judge. Judges BRYANT and ELMORE concur.

OPINION

Page 364

ERVIN, Judge.

Defendant Corey Deon Floyd appeals from judgments entered based upon his convictions for possession of a weapon of mass destruction, possession of a firearm by a convicted felon, and having attained habitual felon status. On appeal, Defendant argues that the trial court erred by denying his motions to dismiss the possession of a weapon by a convicted felon and habitual felon charges on the grounds that these charges were supported by Defendant's previous conviction for an offense that did not exist, effectively determining that Defendant had no right to insist that his trial counsel pose certain questions to a prosecution witness, and denying his request for dismissal based on the length of the delay between the commission of the offense and the date upon which he was formally charged with committing that offense. After careful consideration of Defendant's challenges to the trial court's judgments in light of the record and the applicable law, we conclude that the Defendant's ...


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