State v. Johnson

Defendant argues the trial court erred by improperly considering matters outside the record when deciding to sentence him. Defendant bases his argument upon purportedly extraneous statements made by the trial court during the sentencing hearing. The majority opinion vacates the trial court's judgments and remands for resentencing. I respectfully dissent.

I. Proper Consideration

1. Standard of Review

Our standard of review of a trial court's sentencing is well established. "A sentence within the statutory limit will be presumed regular and valid." State v. Boone , 293 N.C. 702, 712, 239 S.E.2d…