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STATE v. MASSEY

No. 8221SC938.

302 S.E.2d 262 (1983)

STATE of North Carolina v. Michael R. MASSEY.

Court of Appeals of North Carolina.

May 3, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. John F. Maddrey, Raleigh, for the State.

Habegger & Johnson by Daniel S. Johnson, Winston-Salem, for defendant-appellant.

EAGLES, Judge.

Defendant argues that the trial court abused its discretion in finding that the factors in aggravation outweigh the factors in mitigation and imposing the maximum sentence of ten years for the Class H felony, the presumptive sentence for which is three years.

Pursuant to G.S. 15A-1340.4(a)(1), the trial court found the following facts in aggravation:

6. The offense was especially heinous, atrocious, or cruel. 15. The defendant...

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