Legal Opinion

State v. Smith

Court of Appeals of North Carolina

Decided June 20, 2006No. COA05-1240PublishedCited by 4 opinions

1Opinion of the Court

WYNN, Judge.

Fleeing to elude arrest constitutes a felony if the State establishes at least two of the statutory aggravating factors under section 20-141.5(b) of the North Carolina General Statutes. Here, Defendant contends the State failed to present sufficient evidence to support his conviction for felony fleeing to elude arrest. Because the evidence supported finding the section 20-141.5(b) aggravating factors of driving more than fifteen miles per hour over the speed limit and reckless driving, we affirm Defendant’s conviction.

The facts tend to show that in June 2004 while patrolling in…

2Cases cited20 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Rhode Island v. InnisSupreme Court of the United States · 1980
  3. State v. CookeSupreme Court of North Carolina · 1982
  4. State v. GarciaSupreme Court of North Carolina · 2004
  5. Greer v. MorrisonSupreme Court of the United States · 1966

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

3Cited by4 opinions

  1. State v. HudsonCourt of Appeals of North Carolina · 2010
  2. State v. GrayCourt of Appeals of North Carolina · 2014
  3. State v. LandCourt of Appeals of North Carolina · 2009
  4. State v. TrujilloCourt of Appeals of North Carolina · 2007

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