State v. Gentry

HORTON, Judge.

Defendant argues on appeal that the trial court erred at her sentencing hearing in assigning points to defendant’s three prior DWI convictions, because those same three DWI convictions were the basis for her habitual DWI charge. We hold that the action of the trial court was error, and remand this case for a new resentencing hearing.

Before imposing a sentence under the Structured Sentencing Act, the trial court must determine the prior record level, if any, of a defendant pursuant to N.C. Gen. Stat. § 15A-1340.14 (1997). The statute provides, in pertinent part:(a) Generally. —…