State v. Mullican

ARNOLD, Judge.

Counsel for defendant who was also counsel at trial enigmatically now argues on appeal that since there was no formal stipulation at the sentence hearing “the prosecutor’s mere assertion of the *29evidence in a statement to the court is totally insufficient to support the findings in aggravation.”

Defendant, citing cases such as State v. Powell, 254 N.C. 231, 118 S.E.2d 617 (1961), points out that while there is no particular form to be followed for a stipulation, the terms, nevertheless, must be definite and certain, and must be assented to by the parties.

A good case could be made…