State of North Carolina vs. Mark Anthony Stanford (COA24-700), is a case out of Wake County that looks at the application N.C.G.S. §14-7.6 and N.C.G.S. §15A-1340.14(d) in the sentencing of a defendant who has attained habitual felon status. Mr. Stanford challenges the prior record level calculation of the trial court which necessitated a careful review of how the statutes were applied by the trial court.
In September of 2024, Mr. Stanford was tried and convicted on the offenses of possession of a firearm by a felon, carrying a concealed weapon, and resisting a public officer. Mr. Stanford pled guilty to attaining habitual felon status. He was found to be a prior record level IV for sentencing purposes. The trial court imposed an active sentence and Mr. Stanford gave notice of appeal.
On appeal, Mr. Stanford argued that the trial court erred in the calculation of his prior record level. The determination of a defendant’s prior record level is a conclusion of law and the appellate Court will review this issue de novo. The three felony convictions that served as the basis for Mr. Stanford’s habitual felon indictment were: 1. an attempted common law robbery with a conviction date of June 16, 2005; 2. a felony of possession of marijuana with a conviction date of March 11, 2015; and 3. a possession of a stolen firearm with a conviction date of June 26, 2019. Mr. Stanford stipulated to his prior convictions one of which being a conviction for possession of a firearm by a felon on June 26, 2019. This possession of a firearm by a felon was used in the calculation Mr. Stanford’s prior record level.
Mr. Stanford argued against the use of possession of a firearm by a felon conviction in determining his prior record level because the possession of a stolen firearm conviction was used in the habitual felon indictment. The two convictions occurred during the same calendar week of superior court and Mr. Stanford argued that using both was a double jeopardy violation.
The North Carolina Court of Appeals applied the two statutes that pertain to the sentencing of a defendant who has attained the status of a habitual felon in Mr. Stanford’s case. Under N.C.G.S. §14-7.6, when calculating prior record level for sentencing, prior convictions that are used to establish a defendant’s status as a habitual felon are not counted toward the prior record level. N.C.G.S. §15A-1340.14(d) addresses multiple prior convictions obtained in one court week. Under this statute, “…if an offender is convicted of more than one offense in a single superior court during one calendar week, only the conviction for the offense with the highest point total is used.” The Court found nothing in these statutes that prohibited the trial court from using one conviction obtained in a single calendar week to establish habitual felon status and using another separate conviction obtained during the same week to determine prior record level. Therefore, the appellate Court found no error.
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