State v. Malone

WHICHARD, Judge.

The court found as an aggravating factor that defendant had a prior conviction punishable by more than sixty days’ confinement. G.S. 15A-1340.4(a)(l)(o). It indicated that the conviction for auto larceny, for which defendant was serving time when he escaped, was the basis of the finding. Defendant contends that use of the conviction for which he was serving time when he escaped to aggravate his sentence for the escape is prohibited by the provision that “[e]vidence necessary to prove an element of the offense may not be used to prove any factor in aggravation.” G.S.…