Summary
reversing this Court's decision and adopting Judge Wynn's dissent in State v. Wilkerson, 148 N.C. App. 310, 559 S.E.2d 5
Summary of this case from State v. LoftonOpinion
No. 124A02
Filed 22 November 2002
Evidence-bare fact of prior convictions-absence of testimony by defendant-prejudicial error
The decision of the Court of Appeals affirming defendant's convictions for possession with intent to sell or deliver cocaine and trafficking in cocaine is reversed for the reason stated in the dissenting opinion that the trial court committed prejudicial error in permitting the State to introduce, through the testimony of a deputy clerk of court, the bare fact of defendant's prior convictions for cocaine offenses to show knowledge and intent when defendant did not testify.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 148 N.C. App. 310, 559 S.E.2d 5 (2002), finding no error in the judgments entered 16 November 1995 by Greeson, J., in Superior Court, Rockingham County. Heard in the Supreme Court 15 October 2002.
Roy Cooper, Attorney General, by Daniel P. O'Brien, Assistant Attorney General, for the State. Lisa Miles for defendant-appellant.
For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.