State v. Priddy

MARTIN, Judge.

The primary issue which we must decide is whether the trial court erred in dismissing the charge of felonious habitual impaired driving for lack of jurisdiction. The State contends that the superior court had original jurisdiction to try the underlying issue of driving while impaired as an element of felonious habitual impaired driving because habitual impaired driving constitutes a substantive felony offense. Defendant argues that the habitual impaired driving does not constitute a separate felony offense; rather, it is a mere punishment enhancement statute like G.S. § 14-7.1,…