STATE v. MUSCIA

No. 931SC454.

445 S.E.2d 86 (1994)

115 N.C. App. 498

STATE of North Carolina v. Mark A. MUSCIA, Defendant.

Court of Appeals of North Carolina.

July 5, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for State.

Aycock, Spence & Butler by W. Mark Spence, Nags Head, for defendant appellant.


COZORT, Judge.

The only question before us is whether the trial court properly considered defendant's prior driving while impaired conviction to enhance the punishment imposed for this offense of driving while impaired. Defendant contends the trial court should not have considered his prior DWI conviction of May 1990 because it was based on a guilty plea which was obtained in violation of his constitutional rights. Specifically, defendant contends the prior guilty...

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