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STATE v. PRIDDY

No. 933SC744.

445 S.E.2d 610 (1994)

STATE of North Carolina v. Patricia Diane Baker Langston PRIDDY.

Court of Appeals of North Carolina.

July 19, 1994.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Associate Atty. Gen. Robert T. Hargett, Raleigh, for the State.

Sumrell, Sugg, Carmichael & Ashton, P.A. by Rudolph Alexander Ashton, III, New Bern, for defendant-appellee.

MARTIN, Judge.

The primary issue which we must decide is whether the trial court erred in dismissing the charge of felonious habitual impaired driving for lack of jurisdiction. The State contends that the superior court had original jurisdiction to try the underlying issue of driving while impaired as an element of felonious habitual impaired driving because habitual impaired driving constitutes a substantive felony offense...

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