STATE v. HURT

No. 192A04-2.

643 S.E.2d 915 (2007)

STATE of North Carolina v. David Franklin HURT.

Supreme Court of North Carolina.

May 4, 2007.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, for the State-appellant.

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


EDMUNDS, Justice.

In our reconsideration of this matter, we limit our review to the sentencing procedure followed by the trial court. When defendant entered a plea of guilty to second-degree murder, his attorney argued that the court should find certain mitigating factors and reject aggravating factors proposed by the State. The trial court imposed an aggravated sentence without submitting the aggravating factors to the jury. Because we hold that the arguments of...

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