State v. Miller

TYSON, Judge.

Defendant, Donald Ambrose Miller (“defendant”), appeals the trial court’s entry of judgment imposing an active prison term of 248 months minimum and 307 months maximum, following his conviction for second-degree murder. We find no prejudicial error in defendant’s trial or sentencing.

Facts

Defendant was driving a single car-carrier truck on Highway 41 on 12 September 1998. Defendant was traveling toward Potter’s Hill, North Carolina, hauling a single car on the back of his truck. Seventeen year-old Jonathan Holmes (“Holmes”) was also driving on Highway 41 at the same time. Holmes…