STATE v. FIELD

No. 8410SC1028.

331 S.E.2d 221 (1985)

STATE of North Carolina v. Peter Jones FIELD.

Court of Appeals of North Carolina.

July 2, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Isaac T. Avery, III, for the State.

Presnell & Allen by Gary Lester Presnell, for defendant-appellant.


PHILLIPS, Judge.

The only question presented for our determination is the constitutionality of G.S. 20-179(c), under which defendant was sentenced for driving while impaired. That statute creates three "grossly aggravating factors," one of which is that the impaired driver caused serious injury to another person; and it requires the sentencing judge upon finding one such factor to impose an active jail term of not less than seven days under subsection (h) of G.S....

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