State v. Harris-Brooks

• Court: Court of Appeals of North Carolina
• Decided: February 18, 2026
• Docket: 25-583
• Status: Unpublished

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA 25-583

Filed 18 February 2026

Wilson County, No. 23CR414407-970

STATE OF NORTH CAROLINA

v.

KAMERON DAEKWON HARRIS-BROOKS, Defendant.

Appeal by defendant from judgment entered 18 September 2024 by Judge

William D. Wolfe in Wilson County Superior Court. Heard in the Court of Appeals

12 January 2026.

Attorney General Jeff Jackson, by Assistant Attorney General Kristin Peebles, for the State.

Ryan Legal Services, PLLC, by John E. Ryan III, for defendant-appellant.

PER CURIAM.

Defendant Kameron D. Harris-Brooks argues the trial court erred in

calculating his prior record level. The State concedes the error. For the forgoing

reasoning, we agree and vacate and remand for a new sentencing hearing.

I. Background

A jury convicted Defendant for first-degree forcible rape and assault inflicting STATE V. HARRIS-BROOKS

Opinion of the Court

serious bodily injury. Prior to Defendant’s convictions in the present case, Defendant

was convicted of three felonies and two misdemeanors that count towards his prior

record level: one conviction for conspiracy to commit robbery with a dangerous

weapon (a Class E felony, see N.C.G.S. §§ 14-87(a), 14-2.4(a) (2023)); one conviction

for involuntary manslaughter, (a Class F felony, see N.C.G.S. § 14-18 (2023)); one

conviction for breaking and entering (a Class H felony, see N.C.G.S. § 14-54(a) (2023));

and two convictions for misdemeanor larceny (a Class 1 misdemeanor, see N.C.G.S. §

14-72(a) (2023)).

Based on Defendant’s prior convictions, the trial court found Defendant had 14

points and was prior record level V. The trial court sentenced Defendant for 336 to

464 months for the first-degree forcible rape and 23 to 37 months for the assault

inflicting serious bodily injury, to run consecutively. Defendant did not object to the

trial court’s calculation and stipulated to the prior record worksheet.

II. Analysis

A prior record level determination is a question of law. State v. Fraley, 182

N.C. App. 683, 691 (2007). “We review questions of law de novo.” State v. Graham,

379 N.C. 75, 80 (2011) (citation omitted). Despite a lack of objection, if an error

results in a sentence that “was unauthorized at the time imposed, exceeds the

maximum authorized by law, was illegally imposed, or is otherwise invalid as a

matter of law[,]” the issue is preserved for appellate review. N.C.G.S. § 15A-

1446(d)(18) (2023). Stipulations to questions of law are not binding on this Court.

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State ex rel. Carringer v. Alverson, 254 N.C. 204, 208 (1961); State v. Gardner, 225

N.C. App. 161, 167 (2013).

A trial court determines an offender’s prior record level “by calculating the sum

of the points assigned to each of the offender’s prior convictions . . . .” N.C.G.S. § 15A-

1340.14(a) (2023). Class A1 and Class 1 nontraffic misdemeanors are assigned one

point, Class H felonies are assigned two points, Class F and E felonies are assigned

four points, and Class D felonies are assigned six points. Id. at (b). If an offender has

ten, but no more than thirteen points, the offender is a prior record level IV offender,

but an offender with fourteen points, is a prior record level V. Id. at (c).

Prejudicial error results when an offender is “sentenced at an incorrect prior

record level, and the trial court sentenced [the offender] according to [that] incorrect

prior record level.” State v. Williams, 355 N.C. 501, 587 (2002); but see State v. Bethea,

173 N.C. App. 43, 61 (2005) (holding the calculation of points was harmless because

had the trial court properly calculated the defendant’s points his prior record level

would have remained the same).

Here, despite not objecting during sentencing, the issue is preserved for our

review. Moreover, while Defendant stipulated to his prior convictions, we are not

precluded from reviewing the issue because it is a question of law.

The trial court did not reduce the points assigned to Defendant’s conspiracy to

commit robbery with a dangerous weapon conviction. Generally, robbery with a

dangerous weapon is a Class D felony, see G.S. 14-87, but if an offender is convicted

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of conspiracy to commit robbery with a dangerous weapon, it drops to a Class E felony,

see G.S. 14-2.4(a). Because Defendant was convicted of a Class E felony, his

conviction results in four points, as opposed to six. Thus, Defendant’s prior record

level is twelve points, making him a prior record level IV. The prior record level

worksheet, however, assigned Defendant six points for a Class D felony for his

conspiracy conviction, reflecting a total of fourteen points, and the trial court

sentenced Defendant accordingly. Thus, this error prejudiced Defendant as the trial

court sentenced him according to the incorrect prior record level. See Williams, 355

N.C. at 587.

III. Conclusion

We vacate and remand for the trial court to resentence Defendant consistent

with this opinion.

VACATED AND REMANDED FOR RESENTENCING.

Panel consisting of Chief Judge DILLON and Judges GORE and FREEMAN.

Report per Rule 30(e).

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