State v. Beck

In the instant case, this Court must apply N.C.G.S. § 15A-1340.16(d), which states “[e]violence necessary to prove an element of the offense shall not be used to prove any factor in aggravation, and the same item of evidence shall not be used to prove more than one factor in aggravation.” N.C.G.S. § 1340.16(d) (2003) (emphasis added). The majority would insert language into this unambiguous provision to hold that “the plain meaning of the second clause is that the ‘same “distinct part” of evidence’ shall not be used to prove more than one aggravator.” Because I would leave amendment of…