STATE v. SOWELL

No. 330A86.

350 S.E.2d 363 (1986)

STATE of North Carolina v. James Curtis SOWELL and Lonnie Alonya Samuel.

Supreme Court of North Carolina.

November 18, 1986.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by J. Charles Waldrup, Associate Atty. Gen., Legal Dept., Chapel Hill, for the State.

Bruce F. Jobe, Lumberton, for defendant-appellant Sowell.

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


PARKER, Justice.

In imposing sentences in excess of the presumptive terms, the trial court found as an aggravating factor for each defendant that "The offense involved damage causing great monetary loss," which is listed as Factor 23 on the sentencing form supplied by the Administrative Office of the Courts and derived from N.C.G.S. § 15A-1340.4(a)(1)m (1983). This aggravating factor was based upon the victim's testimony at the sentencing hearing when, in response...

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