STATE v. PUCKETT

No. 837SC692.

312 S.E.2d 207 (1984)

STATE of North Carolina v. Johnnie Gatlin PUCKETT, Jr.

Court of Appeals of North Carolina.

February 21, 1984.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen. G. Criston Windham, Raleigh, for the State.

Meadows, Johnson & Spinks by Lee A. Spinks, Rocky Mount, for defendant.


WELLS, Judge.

In his first argument, defendant contends that the trial judge erred in three ways: by using the same evidence to support two aggravating factors, by relying on defendant's mental condition as an aggravating factor when there was no showing that the illness would last beyond the presumptive jail term, and by failing to notify defendant that the judge was considering using defendant's mental condition as an aggravating factor. On appeal

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