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STATE v. MULLICAN

No. 8818SC884.

381 S.E.2d 847 (1989)

STATE of North Carolina v. Thomas Nolen MULLICAN.

Court of Appeals of North Carolina.

August 15, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. David Gordon, Greenville, for the State.

Asst. Public Defender Frederick G. Lind, Greensboro, for defendant-appellant.

ARNOLD, Judge.

Counsel for defendant who was also counsel at trial enigmatically now argues on appeal that since there was no formal stipulation at the sentence hearing "the prosecutor's mere assertion of the evidence in a statement to the court is totally insufficient to support the findings in aggravation."

Defendant, citing cases such as State v. Powell, 254 N.C. 231, 118 S.E.2d 617

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