§ 14-7.1. Persons defined as habitual felons. - North Carolina Statutes

Article 2A.

Habitual Felons.

§ 14‑7.1.  Personsdefined as habitual felons.

Any person who has beenconvicted of or pled guilty to three felony offenses in any federal court orstate court in the United States or combination thereof is declared to be an habitualfelon. For the purpose of this Article, a felony offense is defined as anoffense which is a felony under the laws of the State or other sovereignwherein a plea of guilty was entered or a conviction was returned regardless ofthe sentence actually imposed. Provided, however, that federal offensesrelating to the manufacture, possession, sale and kindred offenses involvingintoxicating liquors shall not be considered felonies for the purposes of thisArticle. For the purposes of this Article, felonies committed before a personattains the age of 18 years shall not constitute more than one felony. Thecommission of a second felony shall not fall within the purview of this Articleunless it is committed after the conviction of or plea of guilty to the firstfelony. The commission of a third felony shall not fall within the purview ofthis Article unless it is committed after the conviction of or plea of guiltyto the second felony. Pleas of guilty to or convictions of felony offensesprior to July 6, 1967, shall not be felony offenses within the meaning of thisArticle. Any felony offense to which a pardon has been extended shall not forthe purpose of this Article constitute a felony. The burden of proving suchpardon shall rest with the defendant and the State shall not be required todisprove a pardon. (1967, c. 1241, s. 1; 1971, c. 1231, s. 1.)