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STATE v. FERGUSON

No. 8726SC1132.

369 S.E.2d 378 (1988)

STATE of North Carolina v. Walter Earl FERGUSON, Jr.

Court of Appeals of North Carolina.

June 21, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Linda Anne Morris, Raleigh, for the State.

John G. Plumides and Daniel J. Clifton, Charlotte (Plumides, Plumides and Caudle, of counsel), for defendant-appellant.

BECTON, Judge.

Defendant, Walter Ferguson was convicted of driving while impaired in violation of N.C.Gen.Stat.Sec. 20-138.1 (1983) and was sentenced to thirty days in jail which was to be suspended upon completion of the Alcohol and Drug Education Traffic School and upon payment of a $100 fine. Defendant appeals. We vacate the judgment and remand for findings of fact and conclusions of law consistent with this opinion.

I

The State presented evidence...

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