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STATE v. BATES

No. 8412SC1183.

334 S.E.2d 73 (1985)

STATE of North Carolina v. Michael S. BATES.

Court of Appeals of North Carolina.

September 17, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Asst. Atty. Gen., W. Dale Talbert, Raleigh, for the State.

Appellate Defender Adam Stein, by Asst. Appellate Defender Robin E. Hudson, Raleigh, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant assigns error to the trial court's aggravation of his sentence by its non-statutory finding that "The defendant left the victim dying in a field and did not seek to have help sent to him." An aggravating factor can properly be found only if the defendant has exhibited some behavior which serves to "increase the offender's culpability." G.S. 15A-1340.3. It is error for an aggravating factor to be based on circumstances which are part...

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