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Home / Opinion Digests / Criminal Practice / Criminal Practice – DWI – Aggravating Factors – No Notice – Superior Court Trial – First Impression (access required)

Criminal Practice – DWI – Aggravating Factors – No Notice – Superior Court Trial – First Impression (access required)

Even though the state presented the same aggravating factors at defendant’s DWI trial in superior court as it had presented at defendant’s DWI trial in district court, G.S. § 20-179(a1)(1) required the state to give defendant notice of its intent to present those aggravating factors at his superior court trial. We vacate defendant’s sentence and remand ...

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