§ 14-7.7. Persons defined as violent habitual felons. - North Carolina Statutes

ARTICLE2B.

Violent Habitual Felons.

§ 14‑7.7.  Personsdefined as violent habitual felons.

(a)        Any person who hasbeen convicted of two violent felonies in any federal court, in a court of thisor any other state of the United States, or in a combination of these courts isdeclared to be a violent habitual felon. For purposes of this Article,"convicted" means the person has been adjudged guilty of or hasentered a plea of guilty or no contest to the violent felony charge, andjudgment has been entered thereon when such action occurred on or after July 6,1967. This Article does not apply to a second violent felony unless it iscommitted after the conviction or plea of guilty or no contest to the firstviolent felony. Any felony to which a pardon has been extended shall not, forthe purposes of this Article, constitute a felony. The burden of proving apardon shall rest with the defendant, and this State shall not be required todisprove a pardon. Conviction as an habitual felon shall not, for purposes of thisArticle, constitute a violent felony.

(b)        For purposes ofthis Article, "violent felony" includes the following offenses:

(1)        All Class A throughE felonies.

(2)        Any repealed orsuperseded offense substantially equivalent to the offenses listed in subdivision(1).

(3)        Any offensecommitted in another jurisdiction substantially similar to the offenses setforth in subdivision (1) or (2). (1994, Ex. Sess., c. 22, ss.31, 32; 2000‑155, s. 14.)