State v. Wagner, 356 N.C. 599

Summary

The Supreme Court of North Carolina held that an indictment charging felonious possession of drug paraphernalia was facially invalid because it was unsupported by the cited statute, depriving the trial court of jurisdiction. The court vacated that conviction and the corresponding Court of Appeals decision. It also held that resentencing the defendant for attempted possession of cocaine to a term more severe than his original sentence violated N.C.G.S. § 15A-1335, and remanded for resentencing.

Holdings

1. An indictment that facially fails to charge a cognizable criminal offense deprives the trial court of jurisdiction; the resulting conviction is void, and the appellate court lacks jurisdiction over the conviction as well.
2. North Carolina General Statutes section 15A-1335 prohibits imposing a more severe sentence for the same offense or conduct after the defendant's prior conviction or sentence has been set aside on direct review or collateral attack.

Questions Presented

1. Whether the indictment charging felonious possession of drug paraphernalia was facially invalid because the statute cited in the indictment did not support that offense, thereby depriving the trial court and Court of Appeals of jurisdiction.
2. Whether North Carolina General Statutes section 15A-1335 prohibited imposing a more severe sentence for attempted possession of cocaine after defendant's prior guilty plea and sentence for the same offense had been set aside on collateral review.
3. Whether the fact that the original conviction resulted from a negotiated guilty plea rather than a jury verdict affected application of section 15A-1335.

Disposition

reversed_and_remanded