State v. Simpson — Rule of Lenity Bars Two Concealed-Weapon Convictions for a Single Incident; Probation Period Also Vacated
The North Carolina Court of Appeals vacated a consolidated judgment entering two counts of carrying a concealed firearm under N.C. Gen. Stat. § 14-269(a1) arising from discovery of two guns in a single traffic stop. Applying the rule of lenity under the Conley line of cases, the court held that § 14-269(a1)’s “any pistol or gun” language is ambiguous as to unit of prosecution, permitting only one conviction per incident. The court also vacated a twenty-four-month probationary term imposed without the specific written findings required to exceed the statutory eighteen-month cap.