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STATE v. GRAHAM

No. 201PA83.

308 S.E.2d 311 (1983)

STATE of North Carolina v. Scott J. GRAHAM.

Supreme Court of North Carolina.

November 3, 1983.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Associate Atty. Gen., K. Michele Allison, Raleigh, for the State-appellant.

Adam Stein, Appellate Defender and Asst. Appellate Defender, James H. Gold, Raleigh, for defendant-appellee.

COPELAND, Justice.

The State assigns as error the Court of Appeals' holding that the defendant's voluntary acknowledgement of his wrongdoing at an early stage of the criminal process entitled defendant to the benefit of that statutory mitigating circumstance and thus to a new sentencing hearing. We agree with the Court of Appeals' holding, but feel we must clarify the term "the criminal process" and its time of commencement.

The evidence clearly revealed that...

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