State v. Mullican

WEBB, Justice.

The question on this appeal is whether there was sufficient evidence to support the finding of the aggravating factors. We have held that a statement by the prosecuting attorney is not sufficient standing alone to find an aggravating factor. State v. Thompson, 309 N.C. 421, 307 S.E.2d 156 (1983). If opposing counsel stipulates to a statement it may be used to support the finding of an aggravating factor. State v. Swimm, 316 N.C. 24, 340 S.E.2d 65 (1986).

The defendant contends that the only evidence to support the finding of the aggravating factors in this case was the…