State v. Ballard

Judge John C. Martin

concurring in part and dissenting in part.

I concur fully with the majority in finding no prejudicial error in defendant’s trial. I also concur in those portions of the majority opinion which affirm the trial court’s finding, in aggravation of punishment, of the aggravating factor contained in G.S. § 15A-1340.16(d)(8), and the trial court’s refusal to find, in mitigation, the mitigating factors contained in G.S. § 15A-1340.16(e)(3) and G.S. § 15A-1340.16(e)(15). However, I must respectfully dissent from that portion of the majority opinion which affirms the trial court’s…