State v. Mitchell

BRASWELL, Judge.

This is the second appeal of the same case. See State v. Mitchell, 62 N.C. App. 21, 302 S.E. 2d 265 (1983). In the first appeal we found no error in defendant’s trial but remanded for a new sentencing hearing because of errors in the finding of certain aggravating factors. The new hearing on sentencing took place on 9 June 1983 before the same Superior Court Judge.

Mitchell was convicted and sentenced for the felony of involuntary manslaughter, which carries a statutory maximum term of 10 years and a presumptive term of 3 years. G.S. 14-18, Class H felony. The active time…