STATE v. KORNEGAY

No. 8314SC1311.

320 S.E.2d 421 (1984)

STATE of North Carolina v. Ricky Lewis KORNEGAY.

Court of Appeals of North Carolina.

October 2, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Nonnie F. Midgette, Raleigh, for the State.

J. Randolph Ward, Durham, for defendant-appellant.


WHICHARD, Judge.

Defendant raises three questions: whether denial of his motion for mistrial based on prejudicial taint of the jury is reversible error; whether his escape from custody after the verdict but prior to sentencing constitutes a permissible aggravating factor under the Fair Sentencing Act; and whether his caution to avoid causing bodily harm—in essence, his decision to commit larceny rather than robbery— should have been found as a mitigating...

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