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[T] State v. Davis7/20/2004
ossession who could have received a fifty year sentence is not excessive under Eighth Amendment); State v. Aldridge, 76 N.C. App. 638, 640, 334 S.E.2d 107, 108 (1985) (imposition of a thirty yearsentence for habitual felon who could have received life sentence not excessive under Eighth Amendment). Accordingly, we hold that the trial court did not err in denying defendant's motion to dismiss the habitual felon indictment. Furthermore, in light of our Supreme Court's recent decision in State v. Jones, ___ N.C. ___, ___ S.E.2d ___ (2004), we also hold that the trial court did not err in sentencing defendant as a habitual felon based upon his prior and instant convictions for possession of cocaine.
No error.
Judges WYNN and LEVINSON concur.
Report per Rule 30(e).
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