State v. Josey

WEBB, Justice.

The first question brought to the Court by this appeal involves the propriety of an aggravating factor found by the superior court. The Court of Appeals held that it was error for the superior court to find as an aggravating factor that the defendant seriously injured Ruth Baldwin. The Court of Appeals, relying on State v. Melton, 307 N.C. 370, 298 S.E.2d 673 (1983), held that in order to properly find an aggravating factor from an offense which has been dismissed, the factor must be transactionally related to the offense for which the defendant is being sentenced. The Court of…