STATE v. SANMIGUEL

No. 843SC864.

328 S.E.2d 326 (1985)

STATE of North Carolina v. Norman Gilbert SANMIGUEL and Timothy William Schwanz.

Court of Appeals of North Carolina.

April 16, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for the State.

Appellate Defender Adam Stein, by First Asst. Appellate Defender Malcolm Ray Hunter, Jr., and Asst. Appellate Defender Leland Q. Towns, Raleigh, for defendant-appellant SanMiguel.

Hugh D. Cox, Jr., Greenville, for defendant-appellant Schwanz.


WHICHARD, Judge.

Defendants pled guilty to sale and delivery of lysergic acid diethylamide ("LSD") and conspiracy to sell and deliver LSD. They were sentenced to imprisonment in excess of the presumptive terms.

In sentencing defendant SanMiguel the court found as factors in aggravation of both offenses that "1. [t]he defendant induced another to participate in the commission of the offense," and "2. [t]he defendant occupied a position of leadership or dominance...

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