State v. Smith

PHILLIPS, Judge.

This case has been here before. State v. Smith, 66 N.C. App. 570, 312 S.E. 2d 222, disc. rev. denied, 310 N.C. 747, 315 S.E. 2d 708 (1984). That appeal resulted in defendant’s convictions being affirmed and the case being remanded to the Superior Court for resentencing. The crimes defendant was convicted of were aiding and abetting felonious breaking or entering, and aiding and abetting felonious larceny, both of which are Class H felonies with a presumptive term of three years and a maximum term of ten years. Following the trial Judge Herring found three factors in…