State v. Gaskins

INMAN, Judge.

The State appeals from an order dismissing its prosecution of Ashley Maria Gaskins ("Defendant") for lack of subject matter jurisdiction. After careful review of the record and applicable law, we affirm in part, reverse in part, and remand.

Factual and Procedural Background

Resolution of this appeal is controlled by this Court's decision in State v. Baker , --- N.C. App. ----, --- S.E.2d ---- (Dec. 18, 2018) (No. COA18-527). As in Baker , the State's appeal arises from an impaired driving prosecution involving the same prosecutor and defense attorney and procedural posture. Because…