State v. Medlin

WELLS, Judge.

Defendant having been given a sentence in excess of the presumptive term, his appeal is as a matter of right. G.S. 15A-1444(al). On such an appeal, the only question before the appellate court is whether the sentence is supported by the evidence presented at trial and the sentencing hearing. Id. The factors found must be supported by a preponderance of the evidence. G.S. 15A-1340.4(a).

*253The trial judge found two factors in aggravation: (1) “that the offense was especially heinous, atrocious, or cruel in that it was done without provocation while the victim was on the ground; that…