Legal Opinion

State v. MacK

Court of Appeals of North Carolina

Decided July 1, 1986No. 855SC1075PublishedCited by 13 opinions

1Opinion of the Court

BECTON, Judge.

I

Defendant, James Alfred Mack, was convicted of driving while impaired under N.C. Gen. Stat. Sec. 20-138.1 (1983) and given a four-month suspended sentence and a two-day active sentence. We affirm the conviction, but remand for resentencing.

On 19 January 1985, at approximately 8:30 a.m., Police Officer Long found defendant asleep or unconscious in a car off the road near McLumber Lane. Officer Long testified that defendant’s car was sitting on top of a chain link fence approximately forty-five feet from the road. He noticed that the car’s headlights were on, the key was in the…

2Cases cited19 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Rhode Island v. InnisSupreme Court of the United States · 1980
  3. State v. OdomSupreme Court of North Carolina · 1983
  4. State v. PowellSupreme Court of North Carolina · 1980
  5. United States v. Milton L. McCaskillCourt of Appeals for the Fourth Circuit · 1982

14 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. AndersonColorado Court of Appeals · 1992
  2. State v. FoyeCourt of Appeals of North Carolina · 2012
  3. State v. TuckCourt of Appeals of North Carolina · 2005
  4. In re D.L.D.Court of Appeals of North Carolina · 2010
  5. State v. GunterCourt of Appeals of North Carolina · 1993

8 more not listed; retrieve them via the Exa API.

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