State v. Corley

Judge PARKER

dissenting in part and concurring in part.

I disagree with the holding of the majority that the trial judge erred in failing to find a nonstatutory mitigating factor. The majority opinion relies on State v. Jones, 309 N.C. 214, 306 S.E. 2d 451 (1983) and State v. Gardner, 312 N.C. 70, 320 S.E. 2d 688 (1984), to support the holding that defendant is entitled to a new sentencing hearing based on the trial judge’s failure to find defendant’s good postconviction prison conduct as a nonstatutory mitigating factor. These cases do not, in my judgment, support such conclusion.

In State v.…