PROSECUTOR WORRIES OVER DRUG RULING

A recent N.C. Court of Appeals decision could complicate the work lives of
prosecutors across the state, authorities say. A decision that makes simple
possession of cocaine a misdemeanor rather than a felony could affect how
pending drug cases are prosecuted and open the door for some of those who
already have been sentenced to file motions for different sentences.

It could, in some cases, shorten the sentences of those already convicted
on drug and other charges, said Guilford County District Attorney Stuart
Albright.

The decision came last week in the Forsyth County case of the State vs.
Norman Jones.

Jones had pleaded guilty to possession with intent to sell and deliver
cocaine, a felony. The plea made him eligible to be prosecuted as a
habitual felon.

But Jones appealed, and the court found that existing state statutes are
inconsistent about whether cocaine possession charges are felonies or
misdemeanors. The court concluded they are misdemeanors.

Albright said the ruling, if it stands, could have wide-ranging effects
beyond pending drug cases.

"The impact would be enormous," he said, adding he's not sure how many
pending cases there are in the system now which would be affected. "I would
imagine it's a lot."

Some of those convicted of being habitual felons might not qualify as such
if the ruling means parts of their criminal histories have been converted
from felony into misdemeanor offenses, Albright said.

The ruling also could affect sentences for unrelated crimes. Under the
structured sentencing guidelines used by judges, offenders are sentenced
based on their criminal histories. Those sentenced based on a criminal
history including felony drug possession convictions might be eligible to
file motions for different sentences.

"You can imagine that if this case stands, there will be a lot more work
for prosecutors," Albright said. "If not, we'll just go about prosecuting
the next case as we have in the past."

There's still a chance the ruling could be re-evaluated, Albright said.

"Dangerous drugs like cocaine can ruin lives and destroy communities," N.C.
Attorney General Roy Cooper said in a prepared statement on Monday. "We
plan to appeal this decision that makes it easier for drug dealers to
operate. Prosecutors need to use the law that makes drug possession a
felony to keep our streets safe."

Cooper's office plans to request a temporary stay of the court's decision
later this week Albright said he hopes the stay will be granted.

Meanwhile, state Rep. Debbie Clary, R-Cleveland, is looking for ways change
the statute to allow drug prosecutions to continue as they have in the past.

The Associated Press contributed to this article.

Ronda Cranford can be contacted at 888-3533.