State v. Hurt

ELMORE, Judge.

David Franklin Hurt (defendant) appeals from judgment imposing a sentence from the aggravated range following his plea of guilty to second degree murder. Because we conclude the trial court erred by finding as an aggravating factor that defendant joined with one other person in committing the offense of robbery and was not charged with conspiracy, we vacate defendant’s sentence and remand to the trial court for re-sentencing.

Defendant was indicted on 15 March 1999 for first degree murder, first degree burglary, and common-law robbery arising from the 26 February 1999 slaying of…