State v. Stone

JOHNSON, Judge.

Defendant contends he is entitled to a new sentencing hearing because of errors committed by Judge Bailey.

By his first assignment of error, defendant contends the court erred by failing to consider and give weight to uncontradicted evidence of defendant’s post-sentence behavior, which evidence defendant contends supports a nonstatutory finding of factors in mitigation.

First, we note that the court did in fact consider the evidence of defendant’s post-sentence behavior. When asked by defense counsel, “Is the court going to consider these documents” [of defendant’s prison records…