STATE v. LOPEZ

No. 95PA08.

681 S.E.2d 271 (2009)

STATE of North Carolina v. Jose Jesus Garcia LOPEZ.

Supreme Court of North Carolina.

August 28, 2009.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Isaac T. Avery, III, Special Counsel, for the State-appellant/appellee.

Nora Henry Hargrove, Wilmingron, for defendant-appellee/appellant.


EDMUNDS, Justice.

In this case we consider the extent to which a party in a criminal case may address the jury as to defendant's potential sentence. We conclude that the prosecutor's argument detailing the effect of the jury's finding of an aggravating factor on defendant's sentence was inaccurate and misleading. Therefore, the trial court erred in overruling defendant's objection to this argument. However, because we also find that the error was harmless, we affirm...

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