STATE v. WEAVER

No. 8830SC45.

371 S.E.2d 759 (1988)

STATE of North Carolina v. Hilton Rudolph WEAVER.

Court of Appeals of North Carolina.

September 20, 1988.


Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Associate Atty. Gen. H. Julian Philpott, Jr., Raleigh, for the State.

Alley, Hyler, Killian, Kersten, Davis & Smathers by Patrick U. Smathers and Robert J. Lopez, Canton, for defendant-appellant.


JOHNSON, Judge.

Defendant's appeal is limited solely to the sentencing phase of his trial in which he was tried for unlawfully and willfully operating a motor vehicle while subject to an impairing substance in violation of G.S. sec. 20-138.1.

On 7 February 1987 defendant was charged with the violation hereinabove stated. He was tried before a jury on 20 August 1987 in Superior Court, Haywood County and was found guilty as charged.

During the sentencing...

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