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[T] State v. Howard8/3/2004
superior court judge may in his discretion order the preparation of the record and transcript of the proceedings at the expense of the State. N.C. Gen. Stat. § 15A-1444 (2003). See also State v. Young, 120 N.C. App. 456, 462 S.E.2d 683 (1995) (If a defendant pleads guilty to being an habitual felon and does not move in the trial court to withdraw that guilty plea, the defendant is not entitled to an appeal of right from the trial court's ruling).
We also note, in reference to defendant's assignment of error to the trial court's use of his cocaine possession conviction in support of habitual felon status, that in light of the recent North Carolina Supreme Court ruling in State v. Jones, (25 June 2004) (No. 591PA03), possession of cocaine is classified as a felony for all purposes. It is therefore proper for such a conviction to be used to support a finding of habitual felon status.
Assignments of error number one through ten, fifteen and sixteen were not argued in respondent's brief and are therefore deemed waived under the North Carolina Rules of Appellate Procedure, Rule 28(a).
No error.
Judges TIMMONS-GOODSON and HUDSON concur.
Report per Rule 30(e).
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