State v. Farmer

BECTON, Judge.

The dispositive issue on this appeal is whether there was a sufficient evidentiary basis for the trial court’s finding that defendant had prior convictions punishable by more than sixty (60) days imprisonment. The trial court used that finding as a factor in aggravation of defendant’s sentence. We hold, for the following reasons, that there was not a proper evidentiary basis for that finding.

G.S. § 15A-1340.4(e) provides, in pertinent part:(e) A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior…