State v. Wingate
213 N.C. App. 419
| N.C. Ct. App. | 2011Background
- Defendant Wingate pled guilty to possession with intent to manufacture, sell, or deliver cocaine and to status as a habitual felon.
- The trial court found defendant's prior record level (PRL) to be V, based on 16 points, and sentenced him to 121–155 months.
- On appeal, Wingate argues the State failed to prove his prior convictions and that his stipulation to the convictions was legally invalid because it addressed a matter of law.
- Statutory framework requires PRL to be calculated by summing points from prior convictions, proven by a preponderance of the evidence; proof may come via stipulation, court records, or reliable registries.
- The trial court’s classification decision is a question of law, but stipulations about the existence and class of prior convictions may be used to prove PRL.
- The court held Wingate’s three prior convictions were Class G felonies, and his stipulation to those convictions was sufficient to satisfy the State’s burden; the PRL of V based on 16 points was proper, so the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of stipulation to prior convictions | State contends stipulation suffices to prove prior convictions for PRL. | Wingate argues stipulation to class of offenses is a matter of law, thus invalid. | Stipulation sufficient; class as fact supports PRL calculation. |
| Whether the class of the prior offenses was a question of fact or law | State maintains the class can be proven by stipulation and records. | Wingate argues class is a legal question for the court to decide. | Class of offenses is a question of fact; stipulation valid for PRL purposes. |
Key Cases Cited
- State v. Fraley, 182 N.C.App. 683 (2007) (prior record level calculation is a matter of law for appellate review)
- State v. Hanton, 175 N.C.App. 250 (2006) (stipulations as to questions of law generally invalid)
- State v. Prevette, 39 N.C.App. 470 (1979) (stipulations cannot bind courts on questions of law)
- State v. Alexander, 359 N.C. 824 (2005) (st pagination of prior conviction worksheet stipulation admissible)
- State v. Massey, 195 N.C.App. 423 (2009) (stipulation to accuracy of prior conviction worksheet sufficient to meet burden)
- State v. Hurley, 180 N.C.App. 680 (2006) (defense conduct at sentencing amounted to stipulation of prior convictions)