State v. Leonard, 213 N.C. App. 526

Defendant was indicted on multiple counts including Driving While Impaired, Felonious Serious Injury by Motor Vehicle, Felonious Operation of a Motor Vehicle to Elude Arrest, Misdemeanor Hit and Run, and habitual felon status.
On January 16, 2009, Defendant consumed alcohol, became involved in a family altercation, then drove his vehicle into his girlfriend's car and fled the scene.
Officer Smith observed Defendant's unduly fast, red-light driving while pursuing him; Defendant accelerated to about 55 mph in a 35 mph zone and struck Mr. Jones's vehicle.
Defendant was apprehended at a Food Lion; he exhibited impairment, with odor of alcohol and vomiting; BAC was .10.
The State introduced DMV notice letters and an affidavit about revocation; Defendant objected but the court admitted the documents, and trial proceeded with jury verdicts on the charged offenses.
Judgment consolidated all offenses; Defendant received a sentence of 136 to 173 months; Defendant appealed challenging multiple rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proximate cause for Felonious Serious Injury	State argues DUI was a proximate cause of Smith's injuries.	Leonard contends only the elude arrest action caused the injuries.	There was substantial evidence DUI was a proximate cause.
Sufficiency and framing of Felonious Operation to Elude Arrest	State asserts aggravating factors supported elevating to Class H felony.	Leonard challenges indictment for not detailing reckless driving behavior and Confrontation Clause of DMV notice.	Indictment valid; at least two aggravating factors supported elevating to Class H; no reversible Confrontation Clause error.
Confrontation Clause and DMV notice affidavit	State contends DMV notice evidence necessary to prove revocation aggravator.	Leonard argues admission violated Confrontation Clause.	Any error was plain and not prejudicial; evidence supported aggravating factors independent of the affidavit.

State v. Powell, 336 N.C. 762 (1994) (proximate cause and foreseeability in criminal liability)
State v. Jackson, 75 N.C. App. 294 (1985) (evidence viewed in light of favorable to State; reasonable inferences)
State v. Westbrooks, 345 N.C. 43 (1996) (indictment sufficiency and elements)
State v. Gregory, 223 N.C. 415 (1943) (indictment scope and notice to defense)
State v. Penley, 277 N.C. 704 (1971) (indictment standard for statutory offenses; language of statute sufficiency)
State v. Locklear, 363 N.C. 438 (2009) (plain error review standard and miscarriage of justice)
State v. Garcell, 363 N.C. 10 (2009) (plain error standard; prejudice inquiry)