N.C. COCAINE CHARGES STILL PROSECUTED AS FELONIES

For now, simple cocaine charges still will be prosecuted as felonies
in North Carolina, despite a recent Court of Appeals ruling that the
same charges are also misdemeanors.

The Supreme Court on Thursday issued a stay on the ruling in response
to a request by State Attorney General Roy Cooper that the decision
not be allowed to become law.

"For the safety of our communities, it is important that possession of
cocaine remain a felony," Mr. Cooper said via e-mail. "I am pleased
that the court issued this stay so that prosecutors and law
enforcement can continue their fight against drugs while the case is
being decided."

The Appeals Court ruling comes from the Forsyth County case, State v.
Norman Jones. In it, Mr. Jones pleaded guilty to possession with the
intent to sell and deliver cocaine, which then classified him as a
habitual felon.

Mr. Jones then appealed and won. The court ruled that state statutes
conflict on whether simple possession of cocaine is a felony or
misdemeanor.

"The practical effect of the ruling is everyone we've convicted could
argue that they were guilty of a misdemeanor because the statute is
ambiguous," said Jon David, New Hanover County assistant district attorney.

"That's why the Supreme Court acted so quick," he said.

District Attorney John Carriker said felony cocaine charges have been
successfully prosecuted since they were upgraded from
misdemeanors.

Since the law was changed, the three judges on the Court of Appeals
are the only people who believe the charge of cocaine possession is a
misdemeanor, Mr. Carriker said.

It's a felony, he added, and it will be prosecuted as one.

It's remains to be seen how the Supreme Court will decide to interpret
the ruling, which could affect thousands of cases across the state.

The state legislature might have to rewrite the law, removing the
ambiguity. Or the Supreme Court could strike down the appellate
court's ruling.

Mr. David questioned how people could be punished under a statute that
isn't clearly written.