State v. Potts

ARNOLD, Judge.

Defendant assigns as error the first two aggravating factors found by the court and the court’s failure to find more than one mitigating factor. After careful examination of both the evidence introduced at the sentencing hearing and the recent application of the Fair Sentencing Act, we conclude that the sentence is supported by the evidence and must be affirmed.

Under the Fair Sentencing Act, the sentencing judge’s discretion to impose a sentence greater or lesser than the presumptive term is bridled by the statutory requirement that he make written findings of aggravating and…