State v. Harris

PHILLIPS, Judge.

In sentencing the defendant the Fair Sentencing Act was not complied with and this matter is remanded to the trial court for re-sentencing.

Pecuniary gain is inherent in the crime of larceny, which the Legislature no doubt took into account when establishing a presumptive sentence for it, and the court erred in using that fact to increase defendant’s sentence. State v. Huntley, 62 N.C. App. 577, 303 S.E. 2d 330 (1983).

It was also error to use as an aggravating factor that the crimes involved great monetary value, because the only evidence of value that was before the court was…