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STATE v. HIGHSMITH

No. COA04-1675.

619 S.E.2d 586 (2005)

STATE of North Carolina v. Luvie Allen HIGHSMITH, Defendant.

Court of Appeals of North Carolina.

October 4, 2005.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Isaac T. Avery, III, for the State.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III, and Kirby H. Smith, III, New Bern, for defendant-appellant.

HUDSON, Judge.

At the 19 July 2004 Criminal Session of the superior court in Craven County, a jury found defendant Luvie Allen Highsmith guilty of driving while impaired ("DWI") and driving left of center. Based on defendant's stipulation, the court found defendant guilty of habitual driving while impaired and found him a prior record level II for purposes of sentencing. The court then consolidated the charges and sentenced...

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