DocketNumber: No. COA16-667
Citation Numbers: 795 S.E.2d 829
Judges: Hunter, Robert
Filed Date: 2/7/2017
Status: Precedential
Modified Date: 7/29/2022
James Ray Arnold ("Defendant") appeals following a guilty plea to manufacturing methamphetamine, conspiracy to manufacture methamphetamine, possession of precursor chemicals, attempted trafficking by possession, and attempted trafficking by manufacturing. On appeal, Defendant contends the trial court erred in its sentence of Defendant because the indictment only alleged a Class H felony and he was sentenced for a Class C felony. We affirm.
I. Factual and Procedural Background
On 9 March 2015, an Ashe County Grand Jury indicted Defendant of the following charges: (1) manufacturing methamphetamine; (2) conspiracy to manufacture methamphetamine; (3) possession of precursor chemicals; (4) trafficking by manufacturing; and (5) trafficking by possession. On 15 April 2015, Defendant filed a motion to suppress. The Ashe County Superior Court held a hearing on Defendant's motion on 29 September 2015.
On 8 March 2016, Defendant entered an Alford plea to manufacturing methamphetamine, conspiracy to manufacture methamphetamine, possession of precursor chemicals, attempted trafficking by manufacturing, and attempted trafficking by possession. The trial court held a hearing on 8 March 2016, where the court accepted Defendant's plea. Defendant gave notice of appeal in open court. On 7 September 2016, Defendant filed a petition for a writ of certiorari and his appellant brief. On 10 October 2016, the State filed its response to Defendant's petition and a motion to dismiss Defendant's appeal.
II. Analysis
Defendant argues he is challenging his sentence and has a statutory right to appeal under N.C. Gen. Stat. § 15A-1444(a2)(3) (2016) and State v. Davis ,
"By knowingly and voluntarily pleading guilty, an accused waives all defenses other than the sufficiency of the indictment." State v. McGee ,
"The purpose of an indictment is to give a defendant notice of the crime for which he is being charged[.]" State v. Bowen ,
The manufacture of methamphetamine shall be punished as a Class C felony unless the offense was one of the following: packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container. The offense of packaging or repacking methamphetamine, or labeling or relabeling the methamphetamine container shall be punished as a Class H felony.
Defendant argues the indictment fails to state with particularity the type of manufacturing of methamphetamine Defendant conspired to commit. We disagree.
The indictment in 14 CRS 050561 (manufacture of methamphetamine) states:
The jurors for the State upon their oath present that on or about the date(s) of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously did manufacture methamphetamine, a controlled substance, which is included in Schedule II of the North Carolina Controlled Substances Act. The manufacturing consisted of producing, preparing, compounding and processing the controlled substance by means of chemical synthesis which took place in a clandestine laboratory at the defendant's residence.
The indictment in 14 CRS 50882 (felony conspiracy to manufacture methamphetamine) states:
The jurors for the State upon their oath present that on or about the 1st day of January, 2012 to on or about the 20th day of October, 2014, in the county named above the defendant named above unlawfully, willfully and feloniously did conspire with [54 names] to commit the felony of manufacture Methamphetamine, a controlled substance, which is included in Schedule II of the North Carolina Controlled Substances Act, in violation of N.C.G.S. §§§§ 90-95(a)(1), 90-95(b)(1a) 5 90-98 and 14-2.4.
The indictment charging Defendant with felony conspiracy to manufacture methamphetamine is sufficient to place Defendant on notice of the crime for which he was being charged. Bowen ,
Defendant is incorrect in his assertion that the conspiracy indictment must state with particularity the type of manufacturing Defendant conspired to commit. Defendant alleges "[t]he indictment does not allege a Class C offense." However, the indictment need not allege a Class C offense as a conspiracy indictment "need not describe the subject crime with legal and technical accuracy...." Nicholson ,
Moreover, Defendant stipulated to this class of offense. Wingate ,
THE COURT: Our Courts approve of the practice of plea arrangements sometimes referred to as plea bargains. It appears that you're pleading guilty pursuant to a plea arrangement, the terms of which are that in exchange for your guilty pleas on these charges, the State has agreed to a consolidation of them for sentencing into two judgments both would be for class C felonies?
[DEFENDANT]: Yes, sir.
Because the indictments are facially valid, the trial court had jurisdiction to enter judgment against Defendant for the crime of conspiracy to manufacture methamphetamine, a Class C felony. As such, this appeal is without merit.
III. Conclusion
For the foregoing reasons, we affirm the trial court.
AFFIRMED.
Report per Rule 30(e).
Judge DIETZ concurs.
Judge BRYANT concurs in result only without separate opinion.