State v. Vaught

MEYER, Justice.

This appeal presents questions concerning whether the trial court, in sentencing a defendant under the guidelines of the Fair Sentencing Act, N.C.G.S. § 15A-1340.4 (1983 & Cum. Supp. 1985), properly considered certain aggravating factors in imposing a prison sentence in excess of the presumptive term prescribed for the assault of which defendant was convicted.

The defendant was convicted of assault with a deadly weapon with intent to kill inflicting serious injury and of felonious breaking or entering. The trial court imposed the maximum active sentence of twenty years…