State v. Manning

Chief Judge Eagles

concurring.

I concur. Because State v. Greenidge, 102 N.C. App. 447, 402 S.E.2d 639 (1991), binds us, I concur in the majority’s opinion. Nevertheless, I write separately to express my unease with this Court’s application of Greenidge to the facts of this case and factually similar situations. Despite assertions in Greenidge to the contrary, I believe the case could lead to untoward results. Greenidge as applied here is perilously close to permitting courts to convict individuals for trafficking by transporting cocaine when the facts simply establish the mere movement of a defendant while he possesses cocaine. This issue merits attention by the General Assembly to establish a clearer and fairer standard for proof of trafficking in cocaine by transportation.