STATE v. RUDISILL

No. COA99-1012.

527 S.E.2d 727 (2000)

STATE of North Carolina v. Travis Shawn RUDISILL.

Court of Appeals of North Carolina.

April 4, 2000.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Michelle Bradshaw, for the State.

Mark R. Melrose, Sylva, for defendant-appellant.


SMITH, Judge.

The sentencing judge found that the statutory aggravating factor that the victim was "very young." Defendant contends the trial court improperly used the victim's age as an aggravating factor because the State did not present evidence that "the victim was more vulnerable than other victims because of his age." We agree.

Defendant was charged under N.C. Gen.Stat. § 14-202.1 (1999) which states that a person is guilty of taking indecent liberties...

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