§ 14-7.40. Verdict and judgment.

241 words·~1 min read·/nc/chapter-14/14-7-40

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

(a)When an indictment charges a person with a firearm-related felony as provided by this Article and an indictment also charges that the person is a status offender, the defendant shall be tried for the principal firearm-related felony as provided by law. The indictment that the person is a status offender shall not be revealed to the jury unless the jury shall find that the defendant is guilty of the principal firearm-related felony with which the defendant is charged.

(b)If the jury finds the defendant guilty of the principal firearm-related felony, and it is found as provided in this section that

(i)the person committed the felony by using, displaying, or threatening the use or display of a firearm or deadly weapon and

(ii)the person actually possessed the firearm or deadly weapon about his or her person, the bill of indictment charging the defendant as a status offender may be presented to the same jury. Except that the same jury may be used, the proceedings shall be as if the issue of status offender were a principal charge.

(c)If the jury finds that the defendant is a status offender, the trial judge shall enter judgment according to the provisions of this Article. If the jury finds that the defendant is not a status offender, the trial judge shall pronounce judgment on the principal firearm-related felony offense as provided by law. (2013-369, s. 26.)