State v. Williams

PHILLIPS, Judge.

Defendant first contends that the aggravating factor found by the trial court was not “proved by the preponderance of the evidence,” as required by G.S. 15A-1340.4(a). The record does show, as defendant points out, that at the resentencing hearing the State presented no evidence at all and the defendant stipulated to no facts. But this does not mean, as defendant’s argument implies, that the court erroneously acted in a vacuum. Prosecutions and suits at law have records and a court can take judicial notice of its own proceedings and records in the same case. 1 Brandis N.C.…