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STATE v. HURT

No. COA03-26.

594 S.E.2d 51 (2004)

STATE of North Carolina, Plaintiff, v. David Franklin HURT, Defendant.

Court of Appeals of North Carolina.

April 6, 2004.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Lisa Bradley Dawson, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Barbara S. Blackman, for defendant-appellant.

ELMORE, Judge.

David Franklin Hurt (defendant) appeals from judgment imposing a sentence from the aggravated range following his plea of guilty to second degree murder. Because we conclude the trial court erred by finding as an aggravating factor that defendant joined with one other person in committing the offense of robbery and was not charged with conspiracy, we vacate defendant's sentence and remand to the trial court for re-sentencing.

Defendant...

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