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STATE v. MARTIN

No. 8921SC254.

389 S.E.2d 414 (1990)

97 N.C. App. 604

STATE of North Carolina v. Michael Hawaitha MARTIN.

Court of Appeals of North Carolina.

March 20, 1990.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. Jo Anne Sanford, and Asst. Atty. Gen. Karen E. Long, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter by Asst. Appellate Defender Teresa A. McHugh, Raleigh, for defendant-appellant.

COZORT, Judge.

The defendant was convicted of second-degree murder and of possession of a weapon of mass death and destruction. He was sentenced to sixteen years in prison. On appeal, the defendant contends that the trial judge erred (1) by denying the defendant's request to instruct the jury on the definition of assault, (2) by refusing to defer sentencing, and (3) by abusing his discretion in weighing mitigating and aggravating...

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