State v. Buddington, 210 N.C. App. 252

Defendant indicted May 7, 2007 for possession of a firearm by a felon under §14-415.1.
On Sept. 18, 2009, defendant filed an unverified motion to dismiss asserting §14-415.1 was unconstitutional as applied under Britt v. State.
On Oct. 5, 2009, the trial court dismissed the indictment as applied unconstitutional per the Britt framework.
State appeals challenging the dismissal due to lack of evidence at the hearing and absence of proper factual findings.
Britt requires evidence and findings on five factors (felony type/remoteness, conduct since crime, lawful possession history, and compliance with 2004 amendment).
The appellate court later held the trial court erred by dismissing without evidentiary facts or a proper stipulation addressing those factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the dismissal was proper on an as-applied constitutional challenge	State contends no evidence supported dismissal.	Buddington's challenge should stand if Britt factors show unconstitutionality as applied.	Dismissal improper; evidence required to support Britt factors.

Britt v. State, 363 N.C. 546, 681 S.E.2d 320 (2009) (as-applied challenges require factual findings per Britt factors)
Whitaker v. State (State v. Whitaker), 364 N.C. 404, 700 S.E.2d 215 (2010) (guides evaluating Britt factors for as-applied challenges)
State v. Roache, 358 N.C. 243, 595 S.E.2d 381 (2004) (evidence and admissions cannot be presumed from counsel statements)
State v. Hurley, 180 N.C.App. 680, 637 S.E.2d 919 (2006) (stipulations may be implied but not relied on if not definite and certain)
Alexander v. State, 359 N.C. 824, 616 S.E.2d 914 (2005) (stipulations must be definite and certain to bind the court)