STATE v. MALONE

No. 8421SC391.

326 S.E.2d 302 (1985)

STATE of North Carolina v. Robert Charles MALONE.

Court of Appeals of North Carolina.

March 5, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Douglas A. Johnston, Raleigh, for the State.

Adam Stein, Appellate Defender by David W. Dorey, Asst. Appellate Defender, Raleigh, for defendant-appellant.


WHICHARD, Judge.

The court found as an aggravating factor that defendant had a prior conviction punishable by more than sixty days' confinement. G.S. 15A-1340.4(a)(1)(o ). It indicated that the conviction for auto larceny, for which defendant was serving time when he escaped, was the basis of the finding. Defendant contends that use of the conviction for which he was serving time when he escaped to aggravate his sentence for the escape is prohibited by the provision...

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