State v. Atkins

HILL, Judge.

Defendant brings forward four assignments of error relating to the trial court’s instructions to a “deadlocked” jury and to the trial court’s findings of factors in aggravation pursuant to the Fair Sentencing Act. We have reviewed each of these assignments and find no error.

The State’s evidence tends to show that at approximately 6:20 a.m. on 22 May 1982, the prosecutrix was awakened by a man sitting on the edge of her bed. When the prosecutrix screamed, the intruder attempted to cover her mouth and told her he was going to hurt her if she did not shut up. After a two minute…