STATE v. DARBY

No. 904SC809.

401 S.E.2d 791 (1991)

STATE of North Carolina v. Rachel D. DARBY.

Court of Appeals of North Carolina.

March 19, 1991.


Attorney(s) appearing for the Case

Attorney Gen. Lacy H. Thornburg by Asst. Atty. Gen. Patricia F. Padgett, Raleigh, for the State.

Popkin and Associates by Samuel S. Popkin, Jacksonville, for defendant-appellant.


JOHNSON, Judge.

Defendant argues the trial court erred in finding as factors in aggravation: (1) that the victim was very young; and (2) that defendant took advantage of a position of trust or confidence to commit the offense. She contends the aggravating factors were improperly found because the evidence necessary to prove them was necessary to prove an element of the offense as defined for the jury. See G.S. § 15A-1340.4(a)(1).

The trial court...

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