State v. Boggess

WYNN, Judge.

This is a second appeal for Defendant arising from the facts in this matter, which are set forth in State v. Boggess, 358 N.C. 676, 600 S.E.2d 453 (2004) (.Boggess I).

The first appeal arose from his capital trial in January 1997 wherein a jury found him guilty of first-degree murder on the basis of premeditation and deliberation; felony murder, with kidnapping and robbery with a dangerous weapon serving as underlying felonies; and murder by torture. In conformance with the jury’s recommendation, the trial court imposed a sentence of death as to the murder, and sentenced Defendant…