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STATE v. COOKE

No. 8721SC285.

361 S.E.2d 764 (1987)

STATE of North Carolina v. Dana Lemly COOKE.

Court of Appeals of North Carolina.

November 17, 1987.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Elisha H. Bunting, Jr., Raleigh, for the State.

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

ORR, Judge.

On appeal defendant contends the trial court erred in finding as a factor in aggravation that he employed a deadly weapon during the commission of the crime.

Aggravating factors which are found must be supported by a preponderance of the evidence. State v. Teague, 60 N.C. App. 755, 300 S.E.2d 7 (1983). Defendant does not challenge the admissibility or accuracy of the State's narrative. He neither objected...

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