STATE v. VANDIVER

No. 101PA89.

389 S.E.2d 30 (1990)

326 N.C. 348

STATE of North Carolina v. Mildred Watkins VANDIVER.

Supreme Court of North Carolina.

March 1, 1990.


Attorney(s) appearing for the Case

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

Malcolm Ray Hunter, Jr., Appellate Defender by Staples Hughes, Asst. Appellate Defender, Raleigh, for defendant.


FRYE, Justice.

This case raises questions concerning the role of the sentencing judge as it relates to the finding of a non-statutory aggravating factor at a resentencing hearing. Defendant was charged in a proper bill of indictment with second degree murder. She was convicted of second degree murder and sentenced to life imprisonment, a sentence in excess of the presumptive term. On appeal, defendant's conviction was upheld by this Court, but the Court remanded for...

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