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STATE v. MUMFORD

No. COA09-300.

688 S.E.2d 458 (2010)

STATE of North Carolina v. Aubrey Alberto MUMFORD.

Court of Appeals of North Carolina.

January 5, 2010.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Philip A. Telfer, for the State.

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

HUNTER, JR., ROBERT N., Judge.

Aubrey Alberto Mumford ("defendant") appeals from judgments entered on jury verdicts of guilty of misdemeanor hit and run and five counts of felony serious injury by vehicle. After review, we hold that the trial court erred in accepting inconsistent verdicts of not guilty of driving while impaired and guilty of felony serious injury by vehicle. The former is a statutory element of the latter. Therefore, we vacate the verdicts.

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