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STATE v. HAYES

No. 210PA87.

372 S.E.2d 704 (1988)

323 N.C. 306

STATE of North Carolina v. Dennis Ray HAYES.

Supreme Court of North Carolina.

October 6, 1988.

Attorney(s) appearing for the Case

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

Malcolm Ray Hunter, Jr., Appellate Defender by Mark D. Montgomery, Asst. Appellate Defender, Raleigh, for defendant-appellee.

EXUM, Chief Justice.

This case, here for the second time, presents questions arising under the Fair Sentencing Act, N.C.G.S. § 15A-1340.4 (1983). The first is whether the Court of Appeals correctly decided there was insufficient evidence to support certain aggravating factors found by the trial court. The second is whether the Court of Appeals correctly decided that the trial court erred in not considering as a mitigating factor defendant's good conduct while...

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