STATE v. DAVIS

No. COA03-88.

594 S.E.2d 57 (2004)

STATE of North Carolina v. Ernest F. DAVIS.

Court of Appeals of North Carolina.

April 6, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Jeffrey R. Edwards, for the State.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III, and Terri W. Sharp, New Bern, for defendant appellant.


WYNN, Judge.

Ernest F. Davis, Defendant, appeals from his convictions of felonious operation of a motor vehicle to elude arrest and resisting a public officer, arguing the trial court erred by denying his motion to dismiss and sentencing him as an habitual felon. We discern no error by the trial court.

At trial, the State presented evidence tending to show the following: In the early morning hours of 25 January 2002, Sergeant Charles Chadwick of the Onslow...

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