Supreme Court of North Carolina

State v. King

October 18, 2024

Summary

The Court held that a trial judge's violation of the DWI sentencing statute by finding contested aggravating factors is subject to harmless-error review rather than automatic resentencing. Because the defendant sought relief under the statute rather than directly under the Sixth Amendment, he must show a reasonable possibility that he would have received a lower sentencing level absent the error. The Court reversed the Court of Appeals' decision concerning the DWI conviction and remanded for a harmless-error determination.