An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA03-1556


Filed: 21 September 2004

                                Guilford County
                                Nos. 02 CRS 102809       &nb sp;                
        v.                            03 CRS 24015    & nbsp;                       


    Appeal by defendant from judgment entered 7 August 2003 by Judge A. Moses Massey in Guilford County Superior Court. Heard in the Court of Appeals 2 September 2004.
    Attorney General Roy Cooper, by Assistant Attorney General Joan M. Cunningham, for the State.
    Michael Driver, for defendant-appellant.
    CALABRIA, Judge.

    On 7 August 2003, Derrick Lynn Hendricks (“defendant”) was convicted of possession of cocaine and pled guilty to attaining the status of a habitual felon. Defendant was sentenced to a term of 94 to 122 months' imprisonment. Defendant appeals.
    Based on this Court's holding in State v. Jones, 161 N.C. App. 60, 588 S.E.2d 5 (2003), that possession of cocaine is a misdemeanor and a habitual felon indictment cannot be based upon a conviction for misdemeanor possession of cocaine, defendant asserts the trial court erred in accepting his plea of guilty to habitual felon status because: (1) one of the predicate felonies for the habitual felon indictment was possession of cocaine, and (2)possession of cocaine was the felony underlying defendant's plea. Our Supreme Court has recently reviewed Jones and held that “the offense of possession of cocaine is classified as a felony for all purposes.” State v. Jones, 358 N.C. 473, 486, 598 S.E.2d 125, 133 (2004). In light of this holding, defendant's assertions are without merit.
    No error.
    Judges ELMORE and STEELMAN concur.
Report per Rule 30(e).

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