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STATE v. WELLS

No. 903SC1122.

410 S.E.2d 393 (1991)

104 N.C. App. 274

STATE of North Carolina v. Donald Clay WELLS.

Court of Appeals of North Carolina.

October 15, 1991.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. John F. Maddrey, for the State.

Asst. Appellate Defender Gordon Widenhouse, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant first argues the sentencing court erred in failing to find and consider defendant's trial testimony that incriminated the co-defendant as "substantial assistance" within the meaning of G.S. 90-95(h)(5) which provides in pertinent part:

[T]he sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person...

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