#### STATE OF NORTH CAROLINA v. HOMER MACK GUFFEY

No. 7215SC681

(Filed 25 October 1972)

Appeal by defendant from Bailey, Judge, 28 February 1972 Session of Superior Court held in ORANGE County.

Defendant was convicted in the District Court of Orange County under a warrant charging him with operating a vehicle while his' driver’s license was permanently revoked, and also, with a fourth offense of operating a vehicle on a public highway while under the influence of intoxicating liquor. He appealed to the Superior Court and entered a plea of not guilty to both charges. The jury found him guilty as charged of the offense of operating a motor vehicle while his driver’s license was permanently revoked, and guilty (as for a first offense) of operating a vehicle while under the influence of intoxicating liquor. Appeal is from judgments imposing active prison sentences in each case.

Attorney General Morgan by Assistant Attorney General Melvin and Assistant Attorney General Ray for the State.

Charles Lawrence James for defendant appellant.

GRAHAM, Judge.

We have carefully reviewed all of defendant’s contentions which are properly before us and find them without merit.

No error.

Judges Vaughn and Hedrick concur.