STATE v. JORDAN

No. 8419SC800.

331 S.E.2d 232 (1985)

STATE of North Carolina v. Roderick Sylvanis JORDAN.

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. Ann Reed, for the State.

Appellate Defender Stein by Asst. Appellate Defender Geoffrey C. Mangum, for defendant-appellant.


PHILLIPS, Judge.

Though the jury verdict was "[g]uilty of operating a vehicle on the highways of this State while under the influence of alcoholic beverages," the judgment imposed was for a second offense of that crime. Defendant contends that this was error in that the State did not establish by either evidence or stipulation that defendant had been previously convicted of driving under the influence. We agree. The State's contention that defendant stipulated to...

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