STATE OF NORTH CAROLINA Lee County
Nos. 04 CRS54260, 54262,
v. 54364, 54365, 54369,
54466, 54553, 54738 WILLIAM BRIAN ATKINS
Attorney General Roy Cooper, by Assistant Attorney General
Vanessa N. Totten, for the State.
Duncan B. McCormick for defendant-appellant.
William Brian Atkins (defendant) appeals from a judgment
entered pursuant to a plea agreement in which he pled guilty to
three counts larceny of a motor vehicle, financial card theft,
attempted felonious breaking and entering, possession of a stolen
vehicle, breaking and entering and larceny, and felonious breaking
and entering. We remand for resentencing.
On 25 January 2005, defendant pled guilty pursuant to a plea agreement to multiple class H and I felonies, including a single count of financial card theft. The trial continued sentencing so that defendant could complete the Teen Challenge program inGreensboro, North Carolina. Defendant failed to complete the program. On 26 July 2005, the trial court entered judgment against defendant and imposed eight consecutive terms of imprisonment. Counsel for defendant stipulated defendant had 17 prior record points and a corresponding prior record level V for felony sentencing purposes. On the single count of financial card theft, the trial court sentenced defendant to a term of fifteen to eighteen months imprisonment in the North Carolina Department of Correction as a Class H, Level V felon. Defendant appeals.
Defendant argues the trial court erred by sentencing him as a Class H felon. Defendant contends that financial card theft is a Class I felony. We agree and note the State concedes error.
N.C. Gen. Stat. § 14-113.9(b) (2005) states (c)redit card theft is punishable as provided by [N.C. Gen. Stat. §] 14-113.17(b). N.C. Gen. Stat. § 14-113.17 (2005) states [a] crime punishable under this Article is punishable as a Class I felony. In the instant case however, though the judgment correctly described financial card theft as a Class I felony, the trial court sentenced defendant as a Class H felon. Accordingly, we remand for resentencing on the single count of financial card theft. We note defendant waived review of his remaining assignments of error by not presenting an argument. See N.C. R. App. P. 28(b)(6) (2005).
Remanded for resentencing.
Chief Judge MARTIN and Judge JACKSON concur.
Report per Rule 30(e).
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