STATE v. WILLIAMS

No. 848SC969.

328 S.E.2d 775 (1985)

STATE of North Carolina v. Danny Franklin WILLIAMS.

Court of Appeals of North Carolina.

May 7, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Lennon, for the State.

Appellate Defender Adam Stein by First Asst. Appellate Defender Malcolm Ray Hunter, Jr., for defendant-appellant.


PHILLIPS, Judge.

Defendant first contends that the aggravating factor found by the trial court was not "proved by the preponderance of the evidence," as required by G.S. 15A-1340.4(a). The record does show, as defendant points out, that at the resentencing hearing the State presented no evidence at all and the defendant stipulated to no facts. But this does not mean, as defendant's argument implies, that the court erroneously acted in a vacuum. Prosecutions and suits...

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