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STATE v. SMITH

No. 8318SC373.

309 S.E.2d 1 (1983)

STATE of North Carolina v. Larry E. SMITH.

Court of Appeals of North Carolina.

December 6, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. William H. Borden, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender James H. Gold, Raleigh, for defendant, appellant.

HEDRICK, Judge.

Defendant first assigns error to "the trial court's failure to find as a mitigating factor that the defendant committed the offense under duress or compulsion which significantly reduced his culpability." We note that defendant neither objected to the court's findings of fact nor tendered proposed findings of fact to the court. Where the court's failure to find a mitigating factor is raised for the first time...

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