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North Carolina v. Weaver9/20/1988
BR>
substance; materially; in a substantial manner. About, actually, competently, and essentially." (Citation omitted.)
With this guidance in mind, we are satisfied in holding that the trial judge acted well within his discretion in finding that under the present facts, the aggravating factor substantially outweighed the mitigating factor. Defendant's three prior convictions of impaired driving, though more than seven years before, were considered to substantially outweigh the fact that he had received no traffic convictions for a period of more than five years prior to the present conviction. We find no abuse of discretion based upon this determination and the level three punishment imposed.
Therefore, we affirm the judgment in all respects.
Affirmed.
Disposition
Affirmed.
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