State v. Mulder, 233 N.C. App. 82

Defendant Earl Mulder engaged in a seven-year dating relationship with Brenda Swann; a DVPO was issued against him after the relationship ended.
On January 6, 2011, Swann’s son observed Mulder hammering Swann’s car while Mulder wore a black ski mask; a struggle ensued when Mulder approached the son.
Police pursued Mulder’s vehicle at high speed; Mulder’s car halted on a bridge, then fled, driving erratically and throwing objects from the window.
Norton and other officers boxed Mulder in, but Mulder rammed vehicles and attempted to flee; multiple officers confronted him and pulled him from the car.
Mulder was indicted on multiple counts including AWDWOGO, speeding to elude arrest, speeding, reckless driving, DVPO violations, breaking or entering, and other offenses; trial began October 8, 2012.
The jury convicted Mulder on all counts except first-degree burglary; the court sentenced on multiple offenses, with some offenses consolidated for sentencing and Mulder noting an appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether double jeopardy arrest of judgment was proper for speeding and reckless driving alongside felony speeding to elude arrest	Mulder argues the speeding and reckless driving convictions violate double jeopardy when tied to felony speeding to elude arrest	Mulder contends the aggravating factors make the offenses separate punishments	Judgment arrested; double jeopardy violated for speeding and reckless driving alongside felony speeding to elude arrest.
Whether aggravating factors are essential elements making separate punishment permissible	State contends aggravators are separate punishments permitted under statute	Mulder argues aggravators are not elements, so offenses are the same	Aggravating factors are elements; convictions for speeding, reckless driving, and felony speeding to elude arrest constitute the same offense under Blockburger.
Whether the legislature intended to punish speeding, reckless driving, and felony speeding to elude arrest cumulatively or alternatively	State asserts legislative intent to authorize cumulative punishment	Mulder asserts only alternative punishment was intended	Legislature intended alternative punishment; holdings require arrest of judgment on the two lesser offenses.

State v. Sellers, 273 N.C. 641 (1968) (motion in arrest of judgment for fatal error may be raised on appeal)
State v. Dudley, 319 N.C. 656 (1987) (discretion to review unpreserved double jeopardy under Rule 2)
State v. Gardner, 315 N.C. 444 (1986) (legislative intent controls when offenses are punishable together in single trial)
State v. Ezell, 159 N.C. App. 103 (2003) (Blockburger test; double jeopardy limited by legislative intent)
State v. Bennor, 6 N.C. App. 188 (1969) (speeding statutes protect public safety)
State v. Norris, 242 N.C. 47 (1955) (speeding/reckless driving statutes for protection of persons and property)