STATE v. FARLOW

No. 9118SC1261.

429 S.E.2d 181 (1993)

110 N.C. App. 95

STATE of North Carolina v. Gary Kenneth FARLOW, Defendant.

Court of Appeals of North Carolina.

May 4, 1993.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen., Angelina Maletto, Raleigh, for the State.

Neill A. Jennings, Jr., Greensboro, for defendant appellant.


ARNOLD, Chief Judge.

The indictments in 90 CRS 33403 and 33404 contain one count each of first degree sexual offense and taking indecent liberties with children. The judge found as an aggravating factor on the indecent liberties offenses that the age of the victim in 90 CRS 33403 and 33404 made the victim particularly vulnerable. Defendant argues that the trial judge improperly considered the victim's age because age is an element of the offense. We agree.

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