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STATE v. SIMPSON

No. COA05-632.

627 S.E.2d 271 (2006)

STATE of North Carolina v. Nathaniel Lee SIMPSON, Defendant.

Court of Appeals of North Carolina.

March 21, 2006.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, III, by Assistant Attorney General Kathleen U. Baldwin and Assistant Attorney General Robert C. Montgomery, for the State.

M. Gordon Widenhouse, Jr., Chapel Hill, for defendant-appellant.

WYNN, Judge.

Although Blakely1 errors arising under North Carolina's Structured Sentencing Act are reversible per se, our Supreme Court in State v. Allen2 limited the application of this rule to cases that were not final as of 21 July 2005. In this case, Defendant contends the use of a sentencing aggravating factor that was neither submitted...

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