State v. SanMiguel

WHICHARD, Judge.

Defendants pled guilty to sale and delivery of lysergic acid diethylamide (“LSD”) and conspiracy to sell and deliver LSD. They were sentenced to imprisonment in excess of the presumptive terms.

In sentencing defendant SanMiguel the court found as factors in aggravation of both offenses that “1. [t]he defendant induced another to participate in the commission of the offense,” and “2. [t]he defendant occupied a position of leadership or dominance of another participant in the commission of the offense.” SanMiguel appeals from the sentences pursuant to G.S. 15A-1444(al).

In…