STATE v. ABEE

No. 8225SC465.

298 S.E.2d 184 (1982)

STATE of North Carolina v. John Lee ABEE, and Darrell Ray Jones.

Court of Appeals of North Carolina.

December 21, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Steven F. Bryant, Raleigh, for the State.

Ellis L. Aycock, Morganton, for defendant Jones.

Byrd, Triggs, Mull & Ledford by John R. Mull, Morganton, for defendant Abee.


ARNOLD, Judge.

All of the assignments of error by both defendants attack their sentences, which were greater than the presumptive sentence under G.S. 15A-1340.4(f). We consider the appeals separately to avoid confusion of the issues.

ABEE'S APPEAL

Abee attacks the trial court's finding of six of the eight aggravating factors. He first argues that the elements of second-degree sexual offense were considered as aggravating factors in violation of G...

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