Legal Opinion · Dissent

State v. Canady

Supreme Court of North Carolina

Decided December 6, 1991No. 278A90Published

1DissentJustice Whichard

I believe defendant, through counsel, admitted or implicitly stipulated to the existence of his prior criminal record as presented to the court by the prosecuting attorney and that this was sufficient to support the trial court’s finding of the “prior convictions” aggravating factor.

In this case the prosecuting attorney opened the sentencing phase by saying, “Your Honor, first of all, I would like to present to the Court facts of a prior criminal record of the Defendant.” He then told the court that the defendant had prior convictions of felonious possession of marijuana, felonious possession…

2Cases cited5 opinions

  1. State v. CanadySupreme Court of North Carolina · 1991
  2. State v. AlbertSupreme Court of North Carolina · 1985
  3. State v. MullicanSupreme Court of North Carolina · 1991
  4. State v. BrewerCourt of Appeals of North Carolina · 1988
  5. State v. MullicanCourt of Appeals of North Carolina · 1989

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