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State v. Allen6/1/2004
n in 94 CR 35127 is valid and that the consolidated convictions in 99 CRS 1592 are two separate offenses under N.C. Gen. Stat. § 20-138.5, there were three predicate convictions alleged in the indictment for habitual DWI. Defendant's assignment of error fails.
V. Habitual Felon Indictment
In his last argument on appeal, defendant argues that imposing judgment based on his conviction of habitual felon status is violative of his federal and state constitutional right to due process. Defendant again asserts that the indictment failed to indicate that any witnesses were called before the grand jury and he reiterates by reference his arguments with regard to his guilty plea to habitual felon status and the habitual DWI indictment. Given our decision and discussion of these matters above, defendant's assignment of error fails.
Defendant failed to set out his remaining assignments of error in his brief. Because he has neither cited any authority nor stated any argument in support of those assignments of error, they are deemed abandoned. N.C. R. App. P. 28(b)(6).
Affirmed.
Judges TIMMONS-GOODSON and LEVINSON concur.
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