STATE v. DENNING

No. 467A85.

342 S.E.2d 855 (1986)

STATE of North Carolina v. Franklin Delano DENNING.

Supreme Court of North Carolina.

May 6, 1986.


Attorney(s) appearing for the Case

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

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


MARTIN, Justice.

On 3 April 1984 defendant was convicted in District Court, Bladen County, of driving while impaired in violation of N.C.G.S. § 20-138.1 of the Safe Roads Act of 1983. He appealed to the superior court for a trial de novo and was found guilty by a jury. The trial judge, authorized by N.C. G.S. § 20-179 to impose one of five levels of punishment depending upon statutorily enumerated aggravating and mitigating factors, found one grossly aggravating...

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