State v. Shelton, ___ N.C. App. ___, 824 S.E.2d 136 (Feb. 5, 2019)

In this felony death by vehicle case, the prosecution did not incorrectly state the standard for impairment in jury argument. The defendant asserted that the prosecutor’s statements suggested that the jury could find the defendant guilty merely if impairing substances were in his blood. The court disagreed finding that the when viewed in totality, the prosecutor’s statements made clear that the defendant could only be convicted if he was, in fact, legally impaired.