STATE v. DAVIS

No. 813SC1388.

293 S.E.2d 658 (1982)

STATE of North Carolina v. Gregory Scott DAVIS.

Court of Appeals of North Carolina.

July 20, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Elaine J. Guth, Raleigh, for the State.

Dixon, Horne & Duffus by Randy D. Doub, Greenville, for defendant.


HARRY C. MARTIN, Judge.

A defendant has a right of appeal if he pleads guilty and the sentence exceeds the presumptive term set by N.C.G.S. 15A-1340.4 and if the judge was required to make findings as to aggravating and mitigating factors. N.C.Gen.Stat. 15A-1444(a1) (Cum.Supp.1981). Appeal under this subsection, however, is limited to the issue of whether the sentence entered is supported by evidence introduced at the trial and sentencing hearing. Id.

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