State v. Simmons

EAGLES, Judge.

Defendant excepts to and assigns as error the judge’s finding of the above-enumerated aggravating factors.

We need not consider these assignments of error nor the arguments advanced by defendant in support of them. The record in this case establishes, and both briefs concede, that defendant’s conviction and sentence were based on a negotiated plea of guilty to the offenses charged.

Under our scheme of presumptive sentencing, a judge who imposes a prison term for a certain offense must impose the presumptive term for that offense. G.S. 15A-1340.4. If he imposes a term that differs…