{ "id": 2551528, "name": "STATE OF NORTH CAROLINA v. TONY PIPKINS", "name_abbreviation": "State v. Pipkins", "decision_date": "1994-07-29", "docket_number": "No. 335PA93", "first_page": "431", "last_page": "437", "citations": [ { "type": "official", "cite": "337 N.C. 431" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "434 S.E.2d 251", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1993, "opinion_index": -1 }, { "cite": "111 N.C. App. 458", "category": "reporters:state", "reporter": "N.C. App.", "year": 1993, "opinion_index": -1 }, { "cite": "95 L. Ed. 2d 924", "category": "reporters:federal", "reporter": "L. Ed. 2d", "opinion_index": -1 }, { "cite": "284 U.S. 299", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 5719289 ], "opinion_index": -1, "case_paths": [ "/us/284/0299-01" ] }, { "cite": "315 N.C. 444", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4717320 ], "opinion_index": -1, "case_paths": [ "/nc/315/0444-01" ] }, { "cite": "329 S.E.2d 401", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "313 N.C. 513", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4718277, 4723663, 4722611, 4724215, 4722937 ], "year": 1985, "opinion_index": 0, "case_paths": [ "/nc/313/0513-05", "/nc/313/0513-03", "/nc/313/0513-02", "/nc/313/0513-04", "/nc/313/0513-01" ] }, { "cite": "325 S.E.2d 682", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "73 N.C. App. 118", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522133 ], "year": 1985, "opinion_index": 0, "case_paths": [ "/nc-app/73/0118-01" ] }, { "cite": "390 S.E.2d 729", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "opinion_index": 0 }, { "cite": "98 N.C. App. 405", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8524831 ], "year": 1990, "opinion_index": 0, "case_paths": [ "/nc-app/98/0405-01" ] }, { "cite": "398 S.E.2d 672", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "pin_cites": [ { "parenthetical": "separate punishments for possession with intent to sell and deliver cocaine and trafficking in the same cocaine by possession held violative of legislature's intent" } ], "opinion_index": 0 }, { "cite": "101 N.C. App. 119", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8527334 ], "year": 1990, "pin_cites": [ { "parenthetical": "separate punishments for possession with intent to sell and deliver cocaine and trafficking in the same cocaine by possession held violative of legislature's intent" } ], "opinion_index": 0, "case_paths": [ "/nc-app/101/0119-01" ] }, { "cite": "426 S.E.2d 711", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1993, "opinion_index": 0 }, { "cite": "333 N.C. 347", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2545059, 2550093, 2548975, 2548374, 2544791 ], "year": 1993, "opinion_index": 0, "case_paths": [ "/nc/333/0347-02", "/nc/333/0347-04", "/nc/333/0347-03", "/nc/333/0347-01", "/nc/333/0347-05" ] }, { "cite": "420 S.E.2d 700", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1992, "pin_cites": [ { "parenthetical": "separate punishments for misdemeanor possession of cocaine and trafficking by possession in the same cocaine held violative of double jeopardy principles" } ], "opinion_index": 0 }, { "cite": "107 N.C. App. 402", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8527646 ], "year": 1992, "pin_cites": [ { "parenthetical": "separate punishments for misdemeanor possession of cocaine and trafficking by possession in the same cocaine held violative of double jeopardy principles" } ], "opinion_index": 0, "case_paths": [ "/nc-app/107/0402-01" ] }, { "cite": "411 S.E.2d 376", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1992, "pin_cites": [ { "parenthetical": "defendant could be convicted of and sentenced for both trafficking in cocaine by possession and trafficking in cocaine by transportation when the same cocaine was involved in both offenses" } ], "opinion_index": 0 }, { "cite": "330 N.C. 607", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2513098 ], "year": 1992, "pin_cites": [ { "parenthetical": "defendant could be convicted of and sentenced for both trafficking in cocaine by possession and trafficking in cocaine by transportation when the same cocaine was involved in both offenses" } ], "opinion_index": 0, "case_paths": [ "/nc/330/0607-01" ] }, { "cite": "294 S.E.2d 272", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 8579939 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/w-va/170/0419-01" ] }, { "cite": "306 N.C. 559", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572480, 8572462, 8572438, 8572537, 8572508 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/nc/306/0559-03", "/nc/306/0559-02", "/nc/306/0559-01", "/nc/306/0559-05", "/nc/306/0559-04" ] }, { "cite": "292 S.E.2d 163", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "pin_cites": [ { "page": "165" } ], "opinion_index": 0 }, { "cite": "57 N.C. App. 602", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525459 ], "year": 1982, "pin_cites": [ { "page": "606" } ], "opinion_index": 0, "case_paths": [ "/nc-app/57/0602-01" ] }, { "cite": "310 S.E.2d 123", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "pin_cites": [ { "page": "129-30" } ], "opinion_index": 0 }, { "cite": "65 N.C. App. 751", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525785 ], "year": 1984, "pin_cites": [ { "page": "760" } ], "opinion_index": 0, "case_paths": [ "/nc-app/65/0751-01" ] }, { "cite": "340 S.E.2d 450", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "page": "459-61", "parenthetical": "examining legislative intent and holding that the offenses of possessing, manufacturing, and transporting heroin, based on the same contraband, may be punished separately" } ], "opinion_index": 0 }, { "cite": "316 N.C. 87", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4701428 ], "weight": 2, "year": 1986, "pin_cites": [ { "page": "102-04", "parenthetical": "examining legislative intent and holding that the offenses of possessing, manufacturing, and transporting heroin, based on the same contraband, may be punished separately" }, { "page": "102-03" } ], "opinion_index": 0, "case_paths": [ "/nc/316/0087-01" ] }, { "cite": "74 L. Ed. 2d 535", "category": "reporters:federal", "reporter": "L. Ed. 2d", "case_ids": [ 6196436 ], "year": 1983, "pin_cites": [ { "page": "542-44" } ], "opinion_index": 0, "case_paths": [ "/us/459/0359-01" ] }, { "cite": "495 U.S. 359", "category": "reporters:federal", "reporter": "U.S.", "year": 1983, "pin_cites": [ { "page": "365-68" } ], "opinion_index": 0 }, { "cite": "313 S.E.2d 523", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "pin_cites": [ { "page": "528" } ], "opinion_index": 0 }, { "cite": "310 N.C. 541", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2402840 ], "year": 1984, "pin_cites": [ { "page": "547" } ], "opinion_index": 0, "case_paths": [ "/nc/310/0541-01" ] }, { "cite": "340 S.E.2d 701", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "page": "708", "parenthetical": "quoting State v. Murray, 310 N.C. 541, 547, 313 S.E.2d 523, 528 (1984)" } ], "opinion_index": 0 }, { "cite": "186 S.E.2d 372", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "pin_cites": [ { "page": "373" } ], "opinion_index": 0 }, { "cite": "280 N.C. 479", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572596 ], "year": 1972, "pin_cites": [ { "page": "482" } ], "opinion_index": 0, "case_paths": [ "/nc/280/0479-01" ] }, { "cite": "284 U.S. 299", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 5719289 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/us/284/0299-01" ] }, { "cite": "315 N.C. 444", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4717320 ], "weight": 2, "pin_cites": [ { "page": "453", "parenthetical": "quoting State v. Murray, 310 N.C. 541, 547, 313 S.E.2d 523, 528 (1984)" }, { "page": "461" } ], "opinion_index": 0, "case_paths": [ "/nc/315/0444-01" ] }, { "cite": "315 N.C. 444", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4717320 ], "pin_cites": [ { "page": "461" } ], "opinion_index": 1, "case_paths": [ "/nc/315/0444-01" ] } ], "analysis": { "cardinality": 588, "char_count": 14782, "ocr_confidence": 0.744, "pagerank": { "raw": 2.2639030627929252e-07, "percentile": 0.7829628291070252 }, "sha256": "a677e24dd468bd5c207ea0e23f0f6e3055a974dafaf6086fc5d22c223122acbf", "simhash": "1:72646e62a67ab412", "word_count": 2377 }, "last_updated": "2023-07-14T21:06:06.194618+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Chief Justice Exum joins in this dissenting opinion." ], "parties": [ "STATE OF NORTH CAROLINA v. TONY PIPKINS" ], "opinions": [ { "text": "WHICHARD, Justice.\nOn 19 December 1991 an officer of the Franklin County Sheriffs Department executed a search warrant on a duplex in Louisburg, North Carolina. When the officers arrived at the duplex, the door was ajar. Someone inside yelled that the police were coming. Seven or eight people fled through the back door. Several persons who were still inside were secured by the officers.\nA search for contraband drugs then began. Officers found defendant hiding in a bedroom closet. They secured defendant; two officers then searched the bedroom and the closet. Inside the closet they found several bags of cocaine, which weighed 53.8 grams. They also found on defendant\u2019s person a container of an unknown amount of cocaine.\nDefendant was convicted of trafficking in cocaine by possession and felonious possession of cocaine based on the same contraband, the 53.8 grams of cocaine found in the closet. He also was convicted of intentionally maintaining a vehicle for the purpose of keeping or selling a controlled substance. He received a ten-year term of imprisonment for the trafficking offense and a consecutive two-year term for the remaining convictions, which were consolidated for judgment.\nDefendant appealed to the Court of Appeals, which held that he could not be punished for both felonious possession of cocaine and trafficking in cocaine based on the same contraband. The Court of Appeals thus vacated defendant\u2019s conviction for felonious possession of cocaine. Because the felonious possession conviction was consolidated with the maintaining a vehicle conviction for sentencing purposes, the maintaining a vehicle conviction also was vacated, and that case was remanded for resentencing. We allowed the State\u2019s petition for discretionary review on 7 October 1993.\nThe sole issue is whether defendant\u2019s convictions and punishments for trafficking in cocaine by possession and felonious possession of cocaine, based on the same contraband, violate the principles of double jeopardy. We hold that they do not and accordingly reverse the Court of Appeals.\nDefendant correctly argues that the crimes of felonious possession of cocaine and trafficking in cocaine by possession require one act, that of possession, and because the same cocaine is the basis for both convictions, the elements the State must prove are the same for both. The only difference is the amount of cocaine required by the statutes for conviction of the offenses. N.C.G.S. \u00a7 90-95(a)(3), the basis for defendant\u2019s conviction of felonious possession, provides:\n(a) Except as authorized by this Article, it is unlawful for any person:\n(3) To possess a controlled substance.\nN.C.G.S. \u00a7 90-95(a)(3) (1993). N.C.G.S. \u00a7 90-95(h)(3)(a), the basis for defendant\u2019s conviction of trafficking in cocaine by possession, provides:\n(3) Any person who . . . possesses 28 grams or more of cocaine . . . shall be guilty of a felony, which felony shall be known as \u201ctrafficking in cocaine\u201d and if the quantity of such substance or mixture involved:\na. Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a term of at least s\u00e9ven years in the State\u2019s prison and shall be fined not less than fifty thousand dollars ($50,000)[.]\nN.C.G.S. \u00a7 90-95(h)(3)(a) (1993). According to defendant, because he received multiple punishments for the same conduct, his right to protection from double jeopardy found in the Fifth Amendment to the United States Constitution and Article I, Section 19 of the North Carolina Constitution \u2014 see State v. Ballard, 280 N.C. 479, 482, 186 S.E.2d 372, 373 (1972) \u2014 has been violated. We disagree.\nIn Gardner, we examined the United States Supreme Court\u2019s decisions in this area-specifically Blockburger v. United States, 284 U.S. 299, 76 L. Ed. 306, and its progeny-and noted: \u201c[T]he Supreme Court of the United States has held that, where a legislature clearly expresses its intent to proscribe and punish exactly the same conduct under two separate statutes, a trial court in a single trial may impose cumulative punishments under the statutes.\u201d State v. Gardner, 315 N.C. 444, 453, 340 S.E.2d 701, 708 (1986) (quoting State v. Murray, 310 N.C. 541, 547, 313 S.E.2d 523, 528 (1984)); see Missouri v. Hunter, 495 U.S. 359, 365-68, 74 L. Ed. 2d 535, 542-44 (1983). Our task, therefore, is to determine the legislature\u2019s intent in creating the separate offenses of felonious possession of cocaine and trafficking in cocaine by possession. See State v. Perry, 316 N.C. 87, 102-04, 340 S.E.2d 450, 459-61 (1986) (examining legislative intent and holding that the offenses of possessing, manufacturing, and transporting heroin, based on the same contraband, may be punished separately).\nAn examination of the subject, language and history of the statutes indicates that the legislature intended that these offenses be punished separately, even where the offenses are based on the same conduct. See Gardner, 315 N.C. at 461, 340 S.E.2d at 712. The subject of this legislation is controlled substances. The legislature premised the enactment of the North Carolina Controlled Substances Act on the determination that controlled substances are detrimental to the public. See State v. Coffey, 65 N.C. App. 751, 760, 310 S.E.2d 123, 129-30 (1984). N.C.G.S. \u00a7 90-95(a)(3), by its language, protects the public by prohibiting any person from possessing any amount, large or small, of a controlled substance. The policy determination underlying this statute is that the possession by any person of any amount of controlled substances is against the public\u2019s interest, presumably because it enhances the potential for use of the substance, either by the possessor or by a person to whom the possessor distributes it.\nIn contrast, N.C.G.S. \u00a7 90-95(h)(3), which was added by amendment in 1979, was \u201cresponsive to a growing concern regarding the gravity of illegal drug activity in North Carolina and the need for effective laws to deter the corrupting influence of drug dealers and traffickers.\u201d Perry, 316 N.C. at 102-03, 340 S.E.2d at 460 (quoting State v. Anderson, 57 N.C. App. 602, 606, 292 S.E.2d 163, 165, disc. rev. denied, 306 N.C. 559, 294 S.E.2d 272 (1982)). Unlike N.C.G.S. \u00a7 90-95(a)(3), which combats the perceived evil of individual possession of controlled substances, section (h)(3), by its language, is intended to prevent the large-scale distribution of controlled substances to the public. Because the perceived evils these statutes attempt to combat are distinct, we conclude that the legislature\u2019s intent was to proscribe and punish separately the offenses of felonious possession of cocaine and of trafficking in cocaine by possession. See State v. Steward, 330 N.C. 607, 411 S.E.2d 376 (1992) (defendant could be convicted of and sentenced for both trafficking in cocaine by possession and trafficking in cocaine by transportation when the same cocaine was involved in both offenses).\nWe note that in reaching its decision the Court of Appeals relied on its decisions in State v. Hunter, 107 N.C. App. 402, 420 S.E.2d 700 (1992) (separate punishments for misdemeanor possession of cocaine and trafficking by possession in the same cocaine held violative of double jeopardy principles), cert. denied, 333 N.C. 347, 426 S.E.2d 711 (1993), and State v. Mebane, 101 N.C. App. 119, 398 S.E.2d 672 (1990) (separate punishments for possession with intent to sell and deliver cocaine and trafficking in the same cocaine by possession held violative of legislature\u2019s intent). To the extent that our decision today conflicts with the Court of Appeals holdings in Hunter and Mebane, those decisions are overruled. Further, to the extent that our decision conflicts with State v. Williams, 98 N.C. App. 405, 390 S.E.2d 729 (1990), and State v. Oliver, 73 N.C. App. 118, 325 S.E.2d 682, cert. denied, 313 N.C. 513, 329 S.E.2d 401 (1985), those decisions also are overruled.\nAccordingly, the decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals with instructions to remand to the Superior Court, Franklin County, for reinstatement of the judgments entered upon defendant\u2019s convictions for felonious possession of cocaine and maintaining a vehicle for drug purposes.\nREVERSED AND REMANDED.", "type": "majority", "author": "WHICHARD, Justice." }, { "text": "Justice Frye\ndissenting.\nThis case presents the issue of whether defendant\u2019s convictions and punishments for trafficking in cocaine by possession and felonious possession of cocaine, based on the same contraband, violate the principles of double jeopardy. The majority concluded that \u201can examination of the subject, language and history of the statutes indicates that the legislature intended that these offenses be punished separately, even where the offenses are based on the same conduct. See Gardner, 315 N.C. at 461, 340 S.E.2d at 712.\u201d Because I disagree with the majority\u2019s conclusion regarding the legislative intent in creating the. separate offenses of felonious possession of cocaine and trafficking in cocaine by possession, I find it unnecessary to reach the constitutional question.\nN.C.G.S. \u00a7 90-95(a)(3), the basis of defendant\u2019s conviction of felonious possession, provides:\n(a) Except as authorized by this Article, it is unlawful for any person:\n(3) To possess a controlled substance.\nN.C.G.S. \u00a7 90-95(a)(3) (1993). The punishment for violating subsection (a)(3) is provided under subsection (d) which states that:\nExcept as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(3) with respect to:\n(1) A controlled substance classified in Schedule I shall be punished as a Class I felon;\n(2) A controlled substance classified in Schedule II, III, or IV shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment of not more than two years or fined not more than two thousand dollars ($2,000), or both in the discretion of the court.... If the controlled substance is ... cocaine ..., the violation shall be punishable as a Class I felony.\nN.C.G.S. \u00a7 90-95(d)(l)(2) (1993) (emphasis added).\nN.C.G.S. \u00a7 90-95(h)(3)(a), the basis of defendant\u2019s conviction of trafficking in cocaine by possession, provides that\n[a]ny person who sells, manufactures, delivers, transports, or possesses 28 grams or more of cocaine . . . shall be guilty of a felony, which felony shall be known as \u201ctrafficking in cocaine\u201d and if the quantity of such substance or mixture involved:\na. Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a term of at least seven years in the State\u2019s prison and shall be fined not less than fifty thousand dollars ($50,000)[.]\nN.C.G.S. \u00a7 90-95(h)(3) (1993) (emphasis added).\nIt seems clear to me that by the language in G.S. \u00a7 90-95(d), \u201cexcept as provided in subsections (h) and (i) of this section,\u201d the legislature provided a punishment for possession of cocaine in amounts less than 28 grams. When the amount of cocaine exceeds 28 grams, however, the legislature intended that G.S. \u00a7 90-95(h)(3) apply and that a defendant be guilty of the felony known as \u201ctrafficking in cocaine.\u201d I find the language \u201cexcept as provided in subsections (h) and (i) of this section, to be strong evidence that the legislature did not intend that these offenses be punished separately but instead that the punishment set forth in G.S. \u00a7 90-95(d) would apply only when the punishment set out in G.S. \u00a7 90-95(h)(3) did not.\nI agree fully with the majority opinion that the \u201cpolicy determination underlying [N.C.G.S. \u00a7 90-95(a)(3)] is that the possession by any person of any amount of controlled substances is against the public\u2019s interest, presumably because it enhances the potential for use of the substance, either by the possessor or by a person to whom the possessor distributes it\u201d and that N.C.G.S. \u00a7 90-95(h)(3) was \u201cresponsive to a growing concern regarding the gravity of the illegal drug activity in North Carolina and the need for effective laws to deter the corrupting influence of drug dealers and traffickers.\u201d (Citations omitted.) However, I do not agree that the statute as written provides for or that the legislature intended that a defendant be punished separately for the offenses of felonious possession of cocaine and trafficking in cocaine by possession of a specific amount of cocaine in one place at one time.\nChief Justice Exum joins in this dissenting opinion.", "type": "dissent", "author": "Justice Frye" } ], "attorneys": [ "Michael F. Easley, Attorney General, by Valerie B. Spalding, Assistant Attorney General, for the State-appellant.", "Larry E. Norman for defendant-appellee." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. TONY PIPKINS\nNo. 335PA93\n(Filed 29 July 1994)\nConstitutional Law \u00a7 184 (NCI4th)\u2014 possession of cocaine\u2014 trafficking in cocaine \u2014 same act \u2014 not double jeopardy\nDefendant\u2019s convictions and punishments for trafficking in cocaine by possession and felonious possession of cocaine, based on the same contraband, do not violate the principles of double jeopardy because an examination of the subject, language and history of the statutes indicates that the legislature intended that these offenses be punished separately. Under State v. Gardner, 315 N.C. 444, examining Blockburger v. United States, 284 U.S. 299, where a legislature clearly expresses its intent to proscribe and punish exactly the same conduct under two separate statutes, a trial court in a single trial may impose cumulative punishments under the statutes. N.C.G.S. \u00a7 90~95(a)(3) combats the perceived evil of individual possession of controlled substances and N.C.G.S. \u00a7 90-95(h)(3) is intended to prevent the large-scale distribution of controlled substances to the public; because the perceived evils these statutes attempt to combat are distinct, the legislature\u2019s intent was to proscribe and punish separately the offenses of felonious possession of cocaine and of trafficking in cocaine by possession. Certain conflicting holdings from the Court of Appeals are overruled.\nAm Jur 2d, Criminal Law \u00a7\u00a7 279 et seq.\nSupreme Court\u2019s views as to application, in state criminal prosecutions, of double jeopardy clause of Federal Constitution\u2019s Fifth Amendment. 95 L. Ed. 2d 924.\nJustice Frye dissenting.\nChief Justice Exum joins in this dissenting opinion.\nOn discretionary review of a unanimous, unpublished decision of the Court of Appeals, 111 N.C. App. 458, 434 S.E.2d 251 (1993), which found no error in defendant\u2019s conviction for trafficking in cocaine, vacated a judgment entered upon his conviction for felonious possession of cocaine, and vacated and remanded for resentencing a judgment entered upon his conviction for maintaining a vehicle for drug purposes, all judgments entered by Barefoot, J., at the 6 July 1991 Criminal Session of Superior Court, Franklin County. Heard in the Supreme Court 16 March 1994.\nMichael F. Easley, Attorney General, by Valerie B. Spalding, Assistant Attorney General, for the State-appellant.\nLarry E. Norman for defendant-appellee." }, "file_name": "0431-01", "first_page_order": 459, "last_page_order": 465 }