State v. MacK
Court of Appeals of North Carolina
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…
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