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STATE v. HANES

No. 8521SC154.

334 S.E.2d 444 (1985)

STATE of North Carolina v. Elmer J. HANES.

Court of Appeals of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Charles H. Hobgood, Raleigh, for the State.

Purser, Cheshire, Manning & Parker by Joseph B. Cheshire V and Sheila Hochhauser, Raleigh, for defendant-appellant.

WELLS, Judge.

Defendant first contends that the trial court erred in failing to find as a mitigating factor that defendant was honorably discharged from the armed services of the United States, a statutory mitigating factor under N.C.Gen.Stat. § 15A-1340.4(a)(2) (1983). At defendant's hearing, his wife testified that defendant had served in the Air Force for seven years and was honorably discharged. Edward L. Frederick, defendant's friend and business associate...

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