N.C. COURT RULES SIMPLE POSSESSION OF COCAINE A MISDEMEANOR

RALEIGH - The North Carolina Court of Appeals has ruled that simple
possession of cocaine is a misdemeanor, not a felony, a decision that could
impact thousands of cases in Cleveland County and many more across the state.

The ruling means that someone could be arrested for having as many as 150
$20 rocks of cocaine, and be charged with only a misdemeanor, according to
state and local officials.

The ruling will affect multiple areas of the judicial system - from
habitual felon prosecutions to sentencing guidelines to cases already
disposed. And it also applies to different drugs, including PCP and
methamphetamine, said Robert Farb, professor of public law and government
at the Institute of Government.

The court's ruling stemmed from a Forsyth County case, State vs. Norman
Jones, in which the defendant pleaded guilty to possession with intent to
sell and deliver cocaine. This plea classified Jones as a habitual felon.

Jones appealed and the Court of Appeals ruled that statutes were
conflicting on the issue of whether possession of cocaine is a felony or
misdemeanor. The court sided with the defense contention that it is a
misdemeanor.

The ruling met immediate criticism from Cleveland County's two state
representatives.

"I'm shocked and I think the court is in error," said Rep. Tim Moore.
"Hopefully the Supreme Court will overturn this ruling.

"Think of all the cases where people have been convicted as a felon. What
does this mean, that they'll all have to be reopened? Oh my," Moore said.

Rep. Debbie Clary said her staff is already looking into a legislative
solution.

"I'm asking for a recommendation from my staff on changing the statute so
that intent of the statute is followed," Ms. Clary. "I'm very confident the
intent of the statute" was that possession of cocaine be a felony, she said.

Lt. Joel Shores, with the Cleveland County Sheriff's Office, called the
decision "outrageous."

"To me, this just means if I catch somebody smoking crack cocaine inside of
a school, the only charge I have is a misdemeanor charge and that's
outrageous," Shores said. "These are hard-core drugs and any amount should
be a felony."

Farb, with the Institute of Government, said the ruling would have other
implications.

First, it could mean lighter sentences for those convicted of other charges.

Structured sentencing classifies crimes, then uses "points" from a
defendant's prior record to determine the level of punishment. Under the
court's ruling, a conviction on possession of cocaine would carry one less
"point," which could result in a lower sentencing classification. In one
example Farb used, a sentence could drop from six to 12 months to four to
10 months.

The ruling will also affect habitual felon prosecutions.

Generally, to be convicted as a habitual felon, a defendant must be tried
and convicted of three felonies, each of which occurred after the previous
conviction. Now, if possession of cocaine is one of those three
convictions, there could be no habitual felon conviction.

Finally, Farb said, all defendants who were convicted and sentenced for
possession of cocaine could file a "motion for appropriate relief," seeking
to receive a new sentence.

"How many of those cases are currently in the system, I would have no
idea," Farb said.

Cocaine possession would only become a felony if it became cocaine
trafficking, which means the suspect is charged with possessing 28 or more
grams of the substance. That's about an ounce and equals between 130 and
150 $20 rocks of cocaine, according to Shores. That amount fluctuates among
other drugs such as PCP and methamphetamine.

Cleveland County Assistant District Attorney Rick Shaffer estimated his
office had about 50 cocaine possession cases pending.

"Until we know if the attorney general's office is going to try to address
it, there's no reason to go forward in any pending case," Shaffer said. "It
is going to cause a massive migraine headache."

"This is just making it tougher on law enforcement," said Shores.