STATE v. MILLER

No. 8428SC862.

330 S.E.2d 71 (1985)

STATE of North Carolina v. Gary Hansford MILLER and Alan Ray Hattaway.

Court of Appeals of North Carolina.

June 4, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Grayson G. Kelley, Raleigh, for the State.

Public Defender J. Robert Hufstader, Asheville, for defendant-appellant Miller.

J. Stephen Gray, Salisbury, for defendant-appellant Hattaway.


PARKER, Judge.

At the outset, we observe that the trial judge failed to make findings in aggravation and mitigation for the kidnapping offenses, which were consolidated with the murder offenses for purposes of judgment. Since the trial judge imposed prison terms which exceeded the total of the presumptive terms of each consolidated felony, the statutory aggravating and mitigating factors must be considered for each offense. G.S. 15A-1340.4. In State v. Ahearn,...

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