State v. 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.S. 15A-1340.4. Abee points to the court’s finding as an aggravating factor that the offense was “especially heinous, atrocious, or cruel.”

We reject…