State v. Green, 209 N.C. App. 669 (Mar. 1, 2011)

No Blakely error occurred in the defendant’s sentence for impaired driving. The trial court found two aggravating factors, two factors in mitigation, and imposed a level four punishment. The level four punishment was tantamount to a sentence within the presumptive range, so that the trial court did not enhance defendant’s sentence even after finding aggravating factors. Therefore, Blakely is not implicated.