STATE v. DALTON

No. COA08-873.

677 S.E.2d 208 (2009)

STATE of North Carolina v. Danny Lee DALTON, Defendant.

Court of Appeals of North Carolina.

June 2, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Jess D. Mekeel, for the State.

David Q. Burgess, Charlotte, for defendant-appellant.


GEER, Judge.

Defendant Danny Lee Dalton was convicted of driving while impaired ("DWI") and sentenced to 24 months imprisonment based on the trial court's finding of two grossly aggravating circumstances. On appeal, defendant contends that his sentence is improper because the State failed to give him 10 days notice of its intent to submit grossly aggravating factors, as required by N.C. Gen.Stat. § 20-179(a1)(1) (2007). We hold that the trial court properly concluded...

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