State v. Hayes

EXUM, Chief Justice.

This case, here for the second time, presents questions arising under the Fair Sentencing Act, N.C.G.S. § 15A-1340.4 (1983). The first is whether the Court of Appeals correctly decided there was insufficient evidence to support certain aggravating factors found by the trial court. The second is whether the Court of Appeals correctly decided that the trial court erred in not considering as a mitigating factor defendant’s good conduct while in prison.

I

The facts surrounding the crimes committed are fully and accurately set out in Justice Meyer’s opinion for the Court on the…