State v. Crandall

WELLS, Judge.

Defendant’s sole contention is that the court should have found as an additional statutory mitigating factor that he played a minor role in the commission of the Hudson break-in. We disagree.

*39In general,

[enumerated in G.S. § 15A-1340.4(a)(2) are the statutory factors which must be considered by the sentencing judge. The mitigating factor urged here is included. ... A duty is placed upon the judge to examine the evidence to determine if it would support any of the statutory factors even absent a request by counsel. State v. Gardner, 312 N.C. 70, 320 S.E. 2d 688 (1984). The…