State v. Gillespie

STEELMAN, Judge.

Where the trial court determined that one aggravating factor outweighed multiple mitigating factors, the trial court acted within its discretion in sentencing the defendant from the aggravated range.

I. Factual and Procedural History

On 15 June 2003, Marion Gillespie (“defendant”) advised a Rowan County Deputy Sheriff that he had stabbed his girlfriend, Linda Faye Patterson Smith (“Smith”). When police arrived at the residence, they found Smith to be deceased and lying in the bathtub with multiple stab wounds. Defendant waived his Miranda rights and gave a statement contending…