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State v. Woodard9/4/2001
to human life" and thus were properly admitted and included in the jury instructions at trial. Jones, 353 N.C. at 173, 538 S.E.2d at 928.
In light of our holding, we need not address further arguments by defendant concerning selective prosecution, the short-form murder indictment, and constitutional violations. In conclusion, we affirm defendant's convictions of assault with a deadly weapon inflicting serious injury and felonious operation of a motor vehicle to elude arrest. As we have reversed defendant's conviction and sentence for first-degree murder, however, it is not necessary to arrest judgments for the assault with a deadly weapon inflicting serious injury and felonious operation of a motor vehicle to elude arrest convictions, as they are no longer underlying felonies for the murder. We thus remand these convictions for sentencing. We reverse defendant's conviction and sentence of life imprisonment without parole for the first-degree murder of Victor Manuel Illas, and we remand this case for a new trial and re-sentencing.
New trial.
Judges MARTIN and BIGGS concur.
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