State v. Mason

ARNOLD, Chief Judge.

The sole question on appeal is whether the trial judge erred in finding as a statutory aggravating factor that defendant’s second degree murder offense was especially heinous, atrocious or cruel. This case falls under the Fair Sentencing Act, which was in effect at the time of the offense. See N.C. Gen. Stat. § 15A-1340.4(a)(l)f (1988). Defendant asserts four theories to support his argument.

Defendant first argues that reconsideration of the same statutory aggravating factor on resentencing violates the guarantees against double jeopardy established in the Fifth and…