State v. Borders

HUNTER, Judge.

Shawn Lamont Borders (“defendant”) appeals a judgment sentencing him in the aggravated range to 146 to 185 months imprisonment for robbery with a dangerous weapon. Specifically, defendant takes issue with (I) a jury instruction, and (II) the trial court’s finding of three non-statutory aggravating factors. For the reasons stated herein, we conclude there was no error as to the jury instruction, but that defendant’s case must be remanded for a new sentenc*122ing hearing due to the trial court committing error by finding certain aggravating factors.

On 16 July 2001, defendant was…