State v. Gaynor

VAUGHN, Chief Judge.

Defendant’s appeal, pursuant to G.S. 15A-1444(al), is limited to the issue of whether her sentence is supported by the evidence introduced at the sentencing hearing. State v. Davis, 58 N.C. App. 330, 293 S.E. 2d 658 (1982). She contends that the trial court erred in finding each of the aggravating factors and in concluding that the aggravating factors outweighed the mitigating factors.

Defendant argues that the court erred in finding, as an aggravating factor, that she used a deadly weapon. We agree. “Evidence necessary to prove an element of the offense may not be used to…