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STATE v. JACKSON

No. 873SC609.

370 S.E.2d 687 (1988)

STATE of North Carolina v. Fernando Scott JACKSON.

Court of Appeals of North Carolina.

August 2, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Victor H.E. Morgan, Jr., Raleigh, for the State.

Appellate Defender Malcolm Hunter, Jr. by Asst. Appellate Defender Geoffrey C. Mangum, Raleigh, for defendant-appellant.

PHILLIPS, Judge.

Defendant pled guilty to the second degree murder of Lois Tyson and was sentenced to a prison term of forty years. The sentence greatly exceeds the presumptive term and he contends that in arriving at it the court committed two errors, one of which was finding as a non-statutory factor in aggravation that the killing had been planned for two months and was premeditated. The finding, so he argues, is not...

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