Heard in the Court of Appeals March 4, 2015
Forsyth County, Nos. 13 CRS 121, 50995, 54822.
No error, in part; reversed and remanded, in part; new sentencing hearing.
Attorney General Roy Cooper, by Assistant Attorney General Kimberly N. Callahan, for the State.
Richard Croutharmel for defendant.
Judges GEER and INMAN
Appeal by defendant from judgments entered 10 June
2014 by Judge John O. Craig in Forsyth County Superior Court.
On 11 February 2013, Clay Leaks, Jr. (defendant) was indicted by a Forsyth County Grand Jury pursuant to N.C. Gen. Stat. § 14-208.11(a)(2) for failing to report a change of address as a registered sex offender from 21 November 2012 through 30 January 2013 (case number 13 CRS 50995). Defendant was subsequently indicted for an additional charge of failing to report a change of address as a registered sex offender from 22 April through 20 May 2013 (case number 13 CRS 54822), and attaining the status of habitual felon (case number 13 CRS 121). The matter in case number 13 CRS 50995 was called for trial on 9 June 2014 in the Criminal Session of Forsyth County Superior Court. The jury found defendant guilty of the charge.
The additional charge of failing to report a change of address as a registered sex offender from 22 April through 20 May 2013 (case number 13 CRS 54822) was not before the jury at defendant's trial. However, defendant
entered a plea bargain on this charge prior to sentencing in case number 13 CRS 50995. In exchange for his plea to the additional charge and stipulation to his status as a habitual felon, the State agreed to consolidate defendant's convictions. The trial court determined that defendant was a prior record Level V offender for felony sentencing purposes. The trial court entered a consolidated judgment, imposing a minimum ...