State v. Blakney, 233 N.C. App. 516

Defendant Christopher Blakney was stopped for speeding and crossing the center line on Silas Creek Parkway; he smelled of alcohol and showed glassy, bloodshot eyes, leading to impairment suspicion and arrest.
Police found 84.8 grams of marijuana in multiple containers, packaging materials, a digital scale, and cash on the car’s front floorboard and trunk.
Defendant was indicted for possession with intent to sell or deliver marijuana, possession of drug paraphernalia, driving while impaired, driving with revoked license, and as an habitual felon.
At trial, defendant was convicted of possession with intent to sell or deliver marijuana, possession of drug paraphernalia, and driving with license revoked; acquitted of driving while impaired; found to be an habitual felon.
The trial court sentenced defendant to 88 to 115 months in prison; defendant appeals challenging the denial of his motion to dismiss and the admission of an additional conviction in the habitual felon proceeding.
The State presented certified judgments showing three prior felony convictions used to prove habitual felon status; one consolidated judgment included two cocaine convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence supports possession with intent to sell or deliver marijuana.	Blakney contends the 84.8 g total is insufficient to infer intent to sell.	Wiggins/Wilkins show small quantities suggest personal use; lack of lab testing weakens weight.	Sufficient evidence of intent to sell or deliver
Whether admission of an additional conviction in habitual felon proof was prejudicial.	State did not redact an extra conviction from a consolidated judgment.	Redaction essential to avoid prejudice; should have been redacted.	No reversible error; admission not prejudicial given three unchallenged prior convictions and limiting instructions.

State v. Maynard, 311 N.C. 1, 316 S.E.2d 197 (1984) (1984) (preferred method for proving prior judgments in habitual felon cases)
State v. Gant, 153 N.C. App. 136, 568 S.E.2d 913 (2002) (2002) (prior convictions may be proven by certified judgments or stipulation)
State v. Moses, 350 N.C. 741, 517 S.E.2d 853 (1999) (1999) (harmless error standard for improperly admitted evidence)
State v. Nettles, 170 N.C. App. 100, 612 S.E.2d 172 (2005) (2005) (evidence of packaging, quantity, and paraphernalia supports intent to sell)
State v. Wilkins, 208 N.C. App. 729, 703 S.E.2d 807 (2010) (2010) (small quantity may indicate personal use, not sale; distinguishable from present case)
State v. Wiggins, 33 N.C. App. 291, 235 S.E.2d 265 (1977) (1977) (quantity alone may not prove intent to sell)