STATE v. WILLIAMS

No. 886SC301.

376 S.E.2d 21 (1989)

92 N.C. App. 752

STATE of North Carolina v. Michael Eugene WILLIAMS.

Court of Appeals of North Carolina.

February 7, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Robert J. Blum, Raleigh, for State.

Charles J. Vaughan, Conway, for defendant-appellant.


WELLS, Judge.

Defendant first assigns error to the trial court's finding that he had a prior conviction, arguing that the prosecutor's oral representations were insufficient to prove this. The standard of proof required in order to find factors in aggravation or mitigation is preponderance of the evidence. N.C.Gen.Stat. § 15A-1340.4(a) (1988). A prosecutor's mere unsworn assertion that an aggravating factor exists is insufficient proof for the trial court to...

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