Legal Opinion

State v. Davis

Court of Appeals of North Carolina

Decided August 4, 2009No. COA08-1275PublishedCited by 13 opinions

1Opinion of the Court

BEASLEY, Judge.

Defendant (Demontrise Davis) appeals from judgments entered on his convictions of driving while impaired, involuntary manslaughter, and felony death by vehicle. We find no reversible error in the individual convictions, but remand for further proceedings in light of our holdings that (1) Defendant may not be convicted of both involuntary manslaughter and felony death by vehicle arising from the same death, and; (2) Defendant may not be sentenced for both felony death by vehicle and DWI arising from the same incident.

On 8 February 2006, at approximately 3:00 a.m., the Defendant…

2Cases cited44 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  5. State v. FritschSupreme Court of North Carolina · 2000

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3Cited by13 opinions

  1. United States v. PetersonCourt of Appeals for the Fourth Circuit · 2011
  2. State v. LailCourt of Appeals of North Carolina · 2016
  3. State v. CarmanNebraska Supreme Court · 2015
  4. State v. McGeeCourt of Appeals of North Carolina · 2014
  5. State v. WilkersonCourt of Appeals of North Carolina · 2014

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

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