STATE v. SPEARS

No. 622A84.

333 S.E.2d 242 (1985)

314 N.C. 319

STATE of North Carolina v. Mark A. SPEARS.

Supreme Court of North Carolina.

August 13, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Michael Smith, Associate Atty. Gen., Raleigh, for the State.

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


MEYER, Justice.

The sole question presented for review is whether defendant is entitled to a new sentencing hearing by virtue of the trial judge's failure to find as a non-statutory mitigating factor that the defendant rendered aid to his victim. Because defendant has not demonstrated that the trial judge abused his discretion in failing to find this non-statutory factor in mitigation of defendant's sentence, we find no error.

At trial, the witnesses for both...

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