STATE v. FLOWERS

No. 8623SC421.

354 S.E.2d 240 (1987)

83 N.C. App. 696

STATE of North Carolina v. Windell FLOWERS.

Court of Appeals of North Carolina.

March 17, 1987.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Charles M. Hensey, Raleigh, for the State.

Dennis R. Joyce, Wilkesboro, for defendant.


JOHNSON, Judge.

Defendant first argues that the trial court erred by using as an aggravating factor evidence of a joinable offense for which he was being sentenced. Defendant contends that "[b]y aggravating the defendant's sentence for burglary with a finding that the crime was especially heinous, atrocious, and cruel, the court below must have been relying on evidence of other crimes that occurred once the defendant was inside the house." We agree.

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