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STATE v. BROOKS

No. 8327SC1065.

314 S.E.2d 565 (1984)

STATE of North Carolina v. Carroll Dean BROOKS.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

Appellant Defender Adam Stein by Asst. Appellant Defender Lorinzo L. Joyner, Raleigh, for defendant-appellant.

EAGLES, Judge.

Defendant assigns as error the trial judge's failure to find mitigating factors at the resentencing hearing. Defendant contends that the sentencing judge improperly refused to consider the existence of two mitigating factors because he felt that defendant's plea of not guilty prohibited his receiving evidence in support of the mitigating factors. We agree that this was error.

At the resentencing hearing, defendant's attorney asked the judge...

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