State v. Parker

WEBB, Justice.

The defendant first assigns error to the trial court’s failure to find as a mitigating factor that he was a passive participant or played a minor role in the commission of the second degree murder. He contends that in our first decision in this case and in State v. Jones, 309 N.C. 214, 306 S.E. 2d 451 (1981), this Court ig*447nored the plain meaning of N.C.G.S. § 15A-1340.4(a)(2)c which provides for this mitigating factor. He argues that this Court has made the determination of this mitigating factor depend on whether the defendant attempted to dissuade his codefendant from…