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STATE v. DAVIS

No. 320PA09.

698 S.E.2d 65 (2010)

STATE of North Carolina v. James Michael DAVIS.

Supreme Court of North Carolina.

August 27, 2010.

Attorney(s) appearing for the Case

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

James N. Freeman, Jr., Elkin, for defendant-appellant.

TIMMONS-GOODSON, Justice.

The issue in this case is whether the trial court was authorized to sentence defendant for felony death by vehicle and felony serious injury by vehicle when second-degree murder and assault with a deadly weapon inflicting serious injury (ADWISI) judgments provided greater punishment for the same conduct. We hold that the General Assembly did not intend to punish for felony death by vehicle and felony serious injury by vehicle when a conviction...

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