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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA11-1564 NORTH CAROLINA COURT OF APPEALS Filed: 7 August 2012 STATE OF NORTH CAROLINA v. WILLIE DURAN ARMSTRONG, Defendant. Catawba County Nos. 09 CRS 004196, 005754 11 CRS 006057

Appeal by defendant from judgment entered 7 September 2011 by Judge H. William Constangy in Catawba County Superior Court. Heard in the Court of Appeals 30 July 2012. Attorney General Roy Cooper, by Assistant Attorney General Rufus C. Allen, for the State. James A. Hunt for defendant-appellant. HUNTER, Robert C., Judge. Defendant Willie Duran Armstrong1 ("defendant") appeals from judgments entered based on his Alford guilty pleas to two counts of possession of a controlled substance in a confinement

facility and one count of possession of a Schedule II controlled
1

The record is not conclusive as to whether the spelling of defendant's middle name is Duran or Durand. The spelling in this opinion reflects the trial court's spelling of the name on the Judgment and Commitment form.

-2substance. Defendant contends the trial court erred in

sentencing him as a prior record level IV offender. the judgment entered.

We affirm

On 7 September 2011, defendant pled guilty by Alford pleas to two counts of possession of a controlled substance in a

confinement facility and one count of possession of a Schedule II controlled substance. The plea agreement provided that

"[d]efendant shall receive an active sentence in the presumptive range of 9-11 months & all three convictions shall be

consolidated into 1 judgment for sentencing." the State tendered a prior record level

At sentencing, worksheet which

indicated that defendant was a level IV offender based upon nine prior record level points. during sentencing: THE COURT: [Defense Counsel], you stipulate your client's a Prior Record Level IV with 9 prior points for felony sentencing purposes? [DEFENSE COUNSEL]: Yes, Your Honor, based on the worksheet, yes, Your Honor. The trial court sentenced defendant to nine to eleven months imprisonment. Defendant appeals. The following exchange took place

Defendant contends the trial court erred in classifying him as a prior record level IV offender. Defendant asserts the

record shows only eight prior record level points supporting a

-3prior record level III under N.C. Gen. Stat

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