STATE v. NICHOLSON

No. COA04-635.

610 S.E.2d 433 (2005)

STATE of North Carolina v. Henry Louis NICHOLSON.

Court of Appeals of North Carolina.

April 5, 2005.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General James A. Wellons, for the State.

Michael E. Casterline, Asheville, for defendant-appellant.


HUNTER, Judge.

Henry Louis Nicholson ("defendant") appeals from judgment dated 14 October 2003 entered consistent with a jury verdict finding him guilty of assault with a deadly weapon with intent to kill inflicting serious injury. After careful review, we find no error in the trial. However, we remand for resentencing based on the trial court's erroneous finding of the aggravating factor of taking advantage of a position...

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