State v. Benfield

WHICHARD, Judge.

Defendant contends the court erred and abused its discretion in its findings of aggravating and mitigating factors, in determining the weight given to those factors, and in imposing a sentence greater than the presumptive in No. 82CRS47156. He first argues that his prior convictions may not be used as a factor in aggravation because the court made no findings as to his indigency or representation by counsel at the time thereof. Defendant has the burden of proof on this issue, however, State v. Thompson, 309 N.C. 421, 427, 307 S.E. 2d 156, 161 (1983), and he has failed to carry…