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North Carolina v. Lockwood12/3/1985
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There was no evidence presented at the sentencing hearing in the present case which indicated that defendant had been driving recklessly when he was charged with driving while impaired. Although the assistant district attorney stated that defendant had been charged with passing through a red light without stopping, the record shows that there was no evidence before the court to support this assertion. This statement, standing alone, is not evidence that defendant had been driving recklessly. State v. Harris, 65 N.C. App. 816, 310 S.E.2d 120 (1984). Therefore, we hold that the court erred in finding as an aggravating factor that defendant's driving had been especially reckless, and the case is remanded for resentencing.
No error on the motion; remanded for resentencing.
Disposition
No error on the motion; remanded for resentencing.
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