STATE v. FARMER

No. 8218SC660.

299 S.E.2d 842 (1983)

STATE of North Carolina v. Henry P. FARMER.

Court of Appeals of North Carolina.

February 15, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William B. Ray, Raleigh, for the State.

Robert L. McClellan, Asst. Public Defender, Greensboro, for defendant-appellant.


BECTON, Judge.

The dispositive issue on this appeal is whether there was a sufficient evidentiary basis for the trial court's finding that defendant had prior convictions punishable by more than sixty (60) days imprisonment. The trial court used that finding as a factor in aggravation of defendant's sentence. We hold, for the following reasons, that there was not a proper evidentiary basis for that finding.

G.S. § 15A-1340.4(e) provides, in pertinent...

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