State v. Banks In order to elevate operation of a motor vehicle to elude arrest from a misdemeanor to a felony, the jury must find two of the eight aggravating factors listed in G.S. § 20-141.5(b). The state presented evidence of three of those factors, and the trial court’s instructions did not require the jury to be unanimous with regard to which two factors were present. Nevertheless, the jury was unanimous in finding that defendant was guilty of felonious operation of a motor vehicle to elude arrest, and this satisfied the N.C. Constitution’s requirement of jury unanimity.
We find no error in defendant’s conviction of felonious operation of a motor vehicle to elude arrest.
Tagged with: Aggravating Factors Criminal Practice reckless driving Speeding to Elude Arrest
Read More »