STATE v. LUNDIN

No. 931SC1065.

449 S.E.2d 238 (1994)

116 N.C. App. 715

STATE of North Carolina v. Peter Kenneth LUNDIN, Defendant.

Court of Appeals of North Carolina.

November 1, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Melissa L. Trippe and Associate Atty. Gen. Virginia A. Gibbons, for the State.

Aycock, Spence & Butler by W. Mark Spence, Nags Head, for defendant appellant.


ARNOLD, Chief Judge.

Defendant argues that the trial court erred in imposing the maximum sentence and finding as an aggravating factor that the act was committed with malice. Specifically, he contends that the court erred in finding malice when its stated reason for doing so was that the act was committed by manual strangulation, and that absent evidence of manual strangulation, no evidence supports a finding of malice.

Defendant pled guilty to voluntary manslaughter...

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