STATE v. DENNING

No. 8513SC108.

332 S.E.2d 203 (1985)

STATE of North Carolina v. Franklin Delano DENNING.

Court of Appeals of North Carolina.

July 16, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for the State.

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for defendant-appellant.


ARNOLD, Judge.

Defendant was convicted of driving while impaired and was sentenced to punishment at "Level Two" under the North Carolina Safe Roads Act of 1983. On appeal, he challenges the constitutionality of the Safe Roads Act, G.S. 20-138.1, -179. In particular, he claims that the method of sentencing and punishment provided for by the Act deprives him of his right to trial by jury. Defendant argues (1) that the Safe Roads Act provides for enhanced sentences when...

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