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FIELD v. SHERIFF OF WAKE COUNTY, NORTH CAROLINA

No. 86-7671.

831 F.2d 530 (1987)

Peter Jones FIELD, Petitioner-Appellee, v. SHERIFF OF WAKE COUNTY, NORTH CAROLINA; Wake County Probation Office; Attorney General of North Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1987.

Attorney(s) appearing for the Case

Linda Anne Morris, Associate Atty. Gen., North Carolina Dept. of Justice (Lacy H. Thornburg, Atty. Gen., Isaac T. Avery, III, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief) for respondents-appellants.

Gary Lester Presnell (Presnell & Allen, Raleigh, N.C., on brief) for petitioner-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and TIMBERS, United States Circuit Judge for the Second Circuit, sitting by designation.

WIDENER, Circuit Judge:

The sheriff of Wake County, North Carolina and the Wake County Probation Office appeal an order of the district court granting Field's petition for a writ of habeas corpus following a determination that the sentencing procedures under North Carolina's Driving While Impaired Statute violated Field's Sixth and Fourteenth Amendment rights. We reverse.

On January 20, 1984, Field was charged with driving while impaired (DWI) in violation...

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