State v. Hughes

INMAN, Judge.

*80 When the State fails to give notice of its intent to use aggravating sentencing factors as required by N.C. Gen. Stat. § 20-179 (a1)(1), the trial court's use of those factors in determining a defendant's sentencing level is reversible error.

*81 Defendant Brian Keith Hughes ("Defendant") appeals from a judgment finding him *320 guilty of impaired driving and imposing a level one punishment based upon two grossly aggravating sentencing factors. Because the State failed to notify Defendant of its intent to seek an enhanced sentence based on those factors we vacate the judgment and remand…