State v. Hinnant

WELLS, Judge.

Defendant challenges the trial court’s application of the Fair Sentencing Act to the facts of his case. Specifically, he first contends that his sentence undermines the policy of the act because he received double the presumptive prison term on the basis of a single weak aggravating factor: prior convictions of (1) shoplifting and (2) breaking and entering and larceny.

This court and our supreme court have previously considered the public policy aspects of the Fair Sentencing Act raised by the defendant in this case. In State v. Davis, 58 N.C. App. 330, 293 S.E. 2d 658, cert.…