STATE v. ROBINSON

No. 8425SC485.

326 S.E.2d 86 (1985)

STATE of North Carolina v. Virgil Bruce ROBINSON.

Court of Appeals of North Carolina.

March 5, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R.B. Matthis and Asst. Atty. Gen. John F. Maddrey, Raleigh, for the State.

Samuel P. Moose, Newton, for defendant-appellant.


ARNOLD, Judge.

Defendant contends that the trial judge erred in finding as a factor in aggravation that "this offense was part of a course of conduct where an outbuilding was set on fire and burned by the defendant a few days early to the commission of these offenses." Defendant argues that this factor was not supported by a preponderance of the evidence. We agree.

Under the Fair Sentencing Act, if after considering the statutory aggravating and mitigating...

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