in the Court of Appeals 11 January 2017.
by Defendant from judgment entered 1 February 2016 and order
entered 3 February 2016 by Judge Julia Lynn Gullett in
Iredell County Superior Court No. 15 CRS 3580.
Attorney General Joshua H. Stein, by Assistant Attorney
General Thomas O. Lawton, III, for the State.
Adelle Jones for the Defendant.
Jamell Williams ("Defendant") entered an
Alford plea to possession with intent to
manufacture, sell, or deliver ("PWIMSD") a Schedule
I controlled substance and attaining habitual felon status.
Defendant reserved the right to appeal the trial court's
denial of his motion to suppress evidence obtained during a
search of his residence. For the following reasons, we
2013, during a routine search of Defendant's residence,
Defendant's probation officer discovered a bag containing
a white, powdery substance. Laboratory results determined
that the bag contained two separate Schedule I substances,
Methylone and 4-Methylethcathinone. See N.C. Gen.
Stat. § 90-89(5)(j) (2013).
was indicted for PWIMSD "Methylethcathinone, "
where the prefix "4" was inadvertently omitted from
the drug name, and for PWIMSD Methylone. Prior to his trial,
Defendant filed a motion to suppress, which was denied by the
trial court. He was convicted on both counts and given
consecutive sentences. In the first appeal to this Court, we
affirmed Defendant's conviction for PWIMSD Methylone;
however, we vacated Defendant's conviction for PWIMSD
"Methylethcathinone" because the name of the
controlled substance, an essential element of the crime, was
not properly alleged in the indictment. State v.
Williams, ___ N.C. App. ___, ___, 774 S.E.2d 880, 885-86
2015, the State indicted Defendant for PWIMSD
"4-Methylethcathinone" rather than simply
"Methylethcathinone." Defendant filed a motion to
suppress which was functionally identical to the motion to
suppress he filed prior to his first trial. The trial court
denied the second motion to suppress based on the doctrine of
collateral estoppel, stating that the motion "relate[d]
to the same chain of events and same transaction and
occurrence . . . and relate[d] to the same issues" as
Defendant's first motion to suppress heard prior to the
the denial of his second suppression motion, Defendant was
found guilty PWIMSD of 4-Methylethcathinone, a Schedule I
substance, and was sentenced accordingly. Defendant gave
notice of appeal in open court.
appeal, Defendant argues that the trial court erred in
sentencing him a second time for possession of what he
contends was a single Schedule I substance. Alternatively,
Defendant argues that the trial court erred in ...