STATE v. HURT

No. COA09-442.

702 S.E.2d 82 (2010)

STATE of North Carolina v. David Franklin HURT.

Court of Appeals of North Carolina.

November 16, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Robert C. Montgomery and Assistant Attorney General Daniel P. O'Brien , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Barbara S. Blackman , for Defendant.


BEASLEY, Judge.

David Franklin Hurt (Defendant) appeals from judgment imposing a sentence in the aggravated range for second-degree murder. Specifically, Defendant challenges the sentencing jury's finding that, as an aggravating factor, the offense to which he had pled guilty was especially heinous, atrocious, or cruel. For the reasons stated below, we hold Defendant is entitled to a new trial.

In 1999, Defendant was indicted for the first-degree murder of...

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