State v. Wells

HEDRICK, Chief Judge.

Defendant first argues the sentencing court erred in failing to find and consider defendant’s trial testimony that incriminated the co-defendant as “substantial assistance” within the meaning of G.S. 90-95(h)(5) which provides in pertinent part:

[T]he sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest or…