State v. Dewalt, 209 N.C. App. 187

Detective Talley and Det. Jester pursued Dewalt based on an outstanding warrant and monitored a Forsyth County shopping center where Dewalt parked in a Land Rover.
Defendants vehicle allegedly fled the arrest attempt by crossing a median, grassy area, and road before disappearing; tire tracks and a nearby residence supported a chase leading to a ditch across from 120 Sunny Acres Lane.
A minor resident testified hearing sirens and seeing the vehicle travel through the yard, then Dewalt jumped into nearby woods as the vehicle rolled into a ditch.
On 23 September 2009, Dewalt was tried on felony fleeing to elude arrest, resisting a public officer, reckless driving to endanger, driving while license revoked, and habitual felon status.
At charge conference, the State alleged two aggravating factors, including driving while license revoked, to qualify speeding to elude arrest as a felony; the defense argued no public highway driving was shown for the revoked license aggravator.
The trial court instructed the jury on felony speeding to elude arrest with the driving-while-revoked aggravator and did not give a lesser-included misdemeanor speeding to elude arrest instruction; Dewalt was convicted on the first four offenses and pled habitual felon later.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether driving while license revoked as an aggravator requires highway driving.	Dewalt argues revocation aggravator requires highway driving.	Dewalt contends §20-28 governs revoked driving and applies only on highways.	Aggravator does not require highway driving; plain text supports broader application.
Whether the court erred by denying a lesser-included offense instruction.	State evidence supports speeding to elude arrest; lesser offense not required.	Evidence was uncontroverted for all elements of the charged offense.	No error; no entitlement to lesser offense instruction where elements are uncontroverted.

State v. Lanier, 165 N.C.App. 337, 598 S.E.2d 596 (2004) (prejudicial error if an element is omitted)
State v. Jones, 358 N.C. 473, 598 S.E.2d 125 (2004) (statutory interpretation, plain language governs)
State v. Lawrence, 352 N.C. 1, 530 S.E.2d 807 (2000) (support for giving lesser-included offenses when warranted)
State v. Funchess, 141 N.C.App. 302, 540 S.E.2d 435 (2000) (discussed elements of aggravated offenses involving revoked license)
State v. Annadale, 329 N.C.557, 406 S.E.2d 837 (1991) (standard for lesser-included offense instruction)