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State v. Cruz10/18/2005
iled to offer sufficient evidence of compliance with N.C. Gen. Stat. § 20-48. Further, defendant is entitled to a new sentencing hearing on the driving while impaired conviction because the grossly aggravating factor was not submitted to a jury to be determined beyond a reasonable doubt.
No error in part, reversed in part, remanded for resentencing.
Judges McGEE and CALABRIA concur.
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