Legal Opinion

State v. Smith

Court of Appeals of North Carolina

Decided February 19, 2008No. COA07-487PublishedCited by 66 opinions

1Opinion of the Court

GEER, Judge.

Defendant Thaddeus Andre Smith appeals from his conviction for driving while impaired and his sentence of two years minimum and two years maximum imprisonment. Defendant’s primary argument on appeal is that the evidence does not support the trial court’s finding of the two grossly aggravating factors specified on the trial court’s sentencing form. There is no dispute that two grossly aggravating factors exist, and it is apparent from the record that the trial court simply inadvertently checked the wrong box on the form. We, therefore, remand for correction of that clerical error.…

2Cases cited7 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. State v. JarmanCourt of Appeals of North Carolina · 2000
  3. Abels v. Renfro Corp.Court of Appeals of North Carolina · 1997
  4. State v. CannonSupreme Court of North Carolina · 1956
  5. State v. LinemannCourt of Appeals of North Carolina · 1999

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

3Cited by66 opinions

  1. State v. CurryCourt of Appeals of North Carolina · 2010
  2. State v. AllenCourt of Appeals of North Carolina · 2016
  3. State v. HunnicuttCourt of Appeals of North Carolina · 2013
  4. State v. LucasCourt of Appeals of North Carolina · 2014
  5. State v. JonesCourt of Appeals of North Carolina · 2013

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

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