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STATE v. PAYNE

No. 355A92.

448 S.E.2d 93 (1994)

337 N.C. 505

STATE of North Carolina v. Randy Joe PAYNE.

Supreme Court of North Carolina.

September 9, 1994.

Attorney(s) appearing for the Case

Malcolm Ray Hunter, Jr., Appellate Defender by Benjamin Sendor, Asst. Appellate Defender, for defendant-appellant.

Michael F. Easley, Atty. Gen. by Ralf F. Haskell, Sp. Deputy Atty. Gen., for state.

WHICHARD, Justice.

This appeal is from a resentencing proceeding. In 1985 at defendant's first trial, he was convicted of the first-degree rape and first-degree murder of Kathleen Weaver, a sixty-nine year-old widow, and sentenced to death for the murder and a consecutive mandatory life sentence for the rape. On defendant's first appeal, we ordered a new trial. See State v. Payne, 320 N.C. 138, 357 S.E.2d 612...

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