The first count was based upon a cocaine sale to Larry Godwin, a police informant, that occurred on 23 January 1997. The second count was based upon a cocaine sale to Mr. Godwin that occurred on 14 February 1997. On 5 May 1997, the grand jury also returned an habitual felon indictment against defendant. The two sale and delivery counts were thereafter consolidated for trial, and defendant made no motion to sever the two offenses. Defendant was then tried at the 3 September 1997 Session of Carteret County Superior Court, where a jury convicted him of both sale and delivery offenses.
Defendant now appeals, bringing forth four arguments.
In his first assignment of error, defendant contests the consolidation of the two sale and delivery offenses for trial. Specifically, he contends that the trial court had no authority to join the offenses because there was no transactional connection between the two cocaine sales. Unfortunately, our case law with respect to joinder of offenses has been rather muddled. N.C. Gen. Stat. Pursuant to this rule, a two-step analysis is required for all joinder inquiries.