STATE v. MASSEY

No. 637A05.

646 S.E.2d 362 (2007)

STATE of North Carolina v. Marlon Rio MASSEY.

Supreme Court of North Carolina.

June 28, 2007.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Anne M. Middleton, Assistant Attorney General, for the State-appellant.

C. Scott Holmes, Durham, for defendant-appellee.


NEWBY, Justice.

In this case we first decide whether certain of defendant's convictions were obtained in violation of the unanimous verdict requirement of the North Carolina Constitution. Second, we address whether the Court of Appeals properly remanded this case for resentencing because defendant was sentenced in the aggravated range without a jury determination concerning the aggravating factor.

At trial the State presented evidence showing defendant's sexual...

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