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STATE v. ARNETTE

No. 8613SC789.

355 S.E.2d 498 (1987)

STATE of North Carolina v. James Larry ARNETTE.

Court of Appeals of North Carolina.

May 5, 1987.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Debbie K. Wright, Raleigh, for the State.

Mark A. Lewis, Shallotte, for defendant-appellant.

ORR, Judge.

Defendant contends that the sentencing judge erred in refusing to find and consider several statutory mitigating factors, which defendant argues were proven by a preponderance of the evidence.

A refusal to find a statutory mitigating factor supported by uncontradicted and credible evidence is reversible error. State v. Jones, 309 N.C. 214, 306 S.E.2d 451 (1983). The defendant, however, bears the burden...

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