State v. Daye

BECTON, Judge.

Defendant, Vic Damone Daye, appeals from the second sentencing hearing for his conviction on a guilty plea to second degree murder. The first sentence of thirty years was vacated because the trial court erred in finding as an aggravating factor that defendant was a danger to himself. State v. Daye, No. 8315SC1110 (N.C. Ct. App. filed 1 May 1984). On 14 September 1984, the trial court resentenced defendant to twenty-five years, ten years more than the presumptive term, justified by the findings that defendant was a danger to others, that he had prior convictions, and that these…