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STATE v. MASON

No. COA95-831.

480 S.E.2d 708 (1997)

STATE of North Carolina v. Fernando Llamas MASON.

Court of Appeals of North Carolina.

February 4, 1997.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Emmett B. Haywood, Raleigh, for the State.

Public Defender Isabel Scott Day by Assistant Public Defender Marc D. Towler, Charlotte, for defendant appellant.

ARNOLD, Chief Judge.

The sole question on appeal is whether the trial judge erred in finding as a statutory aggravating factor that defendant's second degree murder offense was especially heinous, atrocious or cruel. This case falls under the Fair Sentencing Act, which was in effect at the time of the offense. See N.C.Gen.Stat. § 15A1340.4(a)(1)f (1988). Defendant asserts four theories to support his argument...

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