STATE v. GARDNER

No. 207A84.

320 S.E.2d 688 (1984)

312 N.C. 70

STATE of North Carolina v. John Sterling GARDNER.

Supreme Court of North Carolina.

October 2, 1984.


Attorney(s) appearing for the Case

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

M. Bays Shoaf, Salisbury, for defendant-appellant.


BRANCH, Chief Justice.

Defendant assigns as error the failure of the trial judge, ex mero motu, to find as a mitigating factor that prior to arrest, or at an early stage of the criminal process, the defendant voluntarily acknowledged wrongdoing in connection with the offense to a law enforcement officer. N.C. Gen.Stat. § 15A-1340.4(a)(2)(l) (1983).

We considered a question similar to the one here presented in State v. Jones, 309 N...

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