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STATE v. PHILLIPS

No. COA97-252.

489 S.E.2d 890 (1997)

STATE of North Carolina v. Jeffrey Michael PHILLIPS, Defendant.

Court of Appeals of North Carolina.

September 2, 1997.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by General Reuben F. Young, Associate Attorney, for the State.

C. Gary Triggs and Susan Janney, Morganton, for defendant-appellant.

SMITH, Judge.

Defendant was charged with driving while impaired (DWI) in violation of N.C.Gen.Stat. § 20-138.1 (1993) and speeding 56 in a 35 mile per hour zone in violation of N.C.Gen. Stat. § 20-141 (1993). The record on appeal indicates that at his district court trial, defendant's speeding charge was voluntarily dismissed. Defendant pleaded not guilty to the DWI, but was found guilty of that offense. Defendant appealed to the superior court. Following...

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