STATE v. RIOS

No. 8A87.

369 S.E.2d 576 (1988)

STATE of North Carolina v. Jimmy Dean RIOS.

Supreme Court of North Carolina.

June 30, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., and Linda Anne Morris, Associate Atty. Gen., Raleigh, for state.

Arthur E. Jacobson, Asheville, for defendant-appellant.


EXUM, Chief Justice.

Defendant's assignments of error pertain to the trial judge's application of the Fair Sentencing Act, N.C.G.S. § 15A-1340.4. Defendant contends that the trial judge erred in finding in aggravation that (1) defendant was armed with a deadly weapon at the time he broke or entered the victim's dwelling house, N.C.G.S. § 15A-1340.4(a)(1)i, and (2) the victim of the breaking or entering was very...

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