State v. Hines

EXUM, Justice.

This case arises under the Fair Sentencing Act, N.C. Gen. Stat. § 15A-1340.4 (1983). That section establishes for certain felonies presumptive prison terms which must be imposed unless the sentencing judge determines after consideration of aggravating and mitigating factors, that a term longer or shorter than the presumptive term should be imposed. The trial judge found as aggravating factors in this case that defendant’s crime was especially heinous, atrocious or cruel, G.S. 15A-1340.4(f), that the victim was very old, G.S. 15A-1340.4(j), and another factor not contested. He…