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STATE v. MACK

No. 855SC1075.

345 S.E.2d 223 (1986)

STATE of North Carolina v. James Alfred MACK.

Court of Appeals of North Carolina.

July 1, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for the State.

William Joseph Boney, Jr., Wilmington, for defendant-appellant.

BECTON, Judge.

I

Defendant, James Alfred Mack, was convicted of driving while impaired under N.C. Gen.Stat.Sec. 20-138.1 (1983) and given a four-month suspended sentence and a two-day active sentence. We affirm the conviction, but remand for resentencing.

On 19 January 1985, at approximately 8:30 a.m., Police Officer Long found defendant asleep or unconscious in a car off the road near McLumber Lane. Officer Long testified that defendant's car was...

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