§ 14-7.38. Charge of status offense as an armed habitual felon.

213 words·~1 min read·/nc/chapter-14/14-7-38

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The district attorney, in the district attorney's discretion, may charge a person as a status offender pursuant to this Article. To sustain a conviction of a person as a status offender, the person must be charged separately for the principal firearm-related felony and for the status offense of armed habitual felon. The indictment charging the defendant as a status offender shall be separate from the indictment charging the person with the principal firearm-related felony.

(b)An indictment that charges a person with being a status offender must set forth all of the following information regarding the prior firearm-related felony:

(1)The date the offense was committed.

(2)The name of the state or other sovereign against whom the offense was committed.

(3)The dates that the plea of guilty was entered into or conviction returned in the offense.

(4)The identity of the court in which the plea or conviction took place.

(c)No defendant charged with being a status offender in a bill of indictment shall be required to go to trial on the charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this 20-day period. (2013-369, s. 26.)