State v. Harris

BRYANT, Judge.

*162The assigning of an aggravated sentence to defendant, based upon proper notice and a jury finding that an aggravated factor was present in the instant case, does not violate defendant's right to due process. Where the provisions of N.C. Gen.Stat. § 15A-1340.16 concerning *163aggravating factors during sentencing are applicable to all defendants, there is no violation of a defendant's right to equal protection.

On 7 November 2011, defendant Calvin Lavander Harris was indicted on one count each of first-degree sexual offense and indecent liberties with a child. A superseding indictment…