Issue

Driving while impaired—aggravating factors—found by trial judge instead of jury—harmless error review

Summary

In a prosecution for impaired driving, although the trial judge violated N.C.G.S. § 20-179(a1)(2) by finding the existence of aggravating factors–since "only a jury may determine if an aggravating factor is present"–the error was not automatically reversible because it was subject to harmless error analysis (i.e., whether the trial judge's actions prejudiced defendant). The decision of the Court of Appeals determining that the statute violation mandated resentencing–and that harmless error review was inapplicable–was reversed, and the matter was remanded for application of the correct standard of review.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →