If, however, the provisions of a statute are ambiguous, a court must construe the statute to ascertain the legislative will. 119 N.C. App. In determining the legislative intent the language and spirit of the statute must be considered as well as what it seeks to accomplish. By assessing an additional point for commission of an offense while on probation, imprisoned, or on escape from prison, the General Assembly indicated its intention to punish an offense more severely if committed by a defendant while he is being punished for another offense. The trial court did not err by assessing defendant a prior record point for committing the offense while on probation.
Defendant also argues the trial court erred by instructing the jury on flight.
He contends the State failed to present any evidence of flight. This is sufficient evidence of flight to warrant the instruction. Defendant's argument is without merit. We hold defendant had a fair trial, free from prejudicial error.