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STATE v. CRANDALL

No. 863SC436.

348 S.E.2d 826 (1986)

STATE of North Carolina v. Clifton Earl CRANDALL.

Court of Appeals of North Carolina.

October 7, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Ann Reed, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr., Raleigh, for defendant-appellant.

WELLS, Judge.

Defendant's sole contention is that the court should have found as an additional statutory mitigating factor that he played a minor role in the commission of the Hudson break-in. We disagree.

In general,

[e]numerated in G.S. § 15A-1340.4(a)(2) are the statutory factors which must be considered by the sentencing judge. The mitigating factor urged here is included.... A duty is placed upon the judge to examine the evidence...

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