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STATE v. SIMPSON

No. 825SC618.

300 S.E.2d 412 (1983)

61 N.C. App. 151

STATE of North Carolina v. Alphonso SIMPSON.

Court of Appeals of North Carolina.

March 1, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Michael Rivers Morgan, Raleigh, for the State.

Appellate Defender Adam Stein and Asst. Appellate Defender Nora B. Henry, Raleigh, for defendant-appellant.

VAUGHN, Chief Judge.

Defendant contends the trial court erred in imposing a sentence in excess of the presumptive sentence because the aggravating factors were not supported by the evidence. Defendant contends that an aggravating factor, that the offense was committed for the purpose of avoiding arrest, was improperly found because the evidence used to prove the factor in aggravation was necessary to prove an element of...

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