State v. Leeper

MARTIN (Robert M.), Judge.

The question presented by this appeal is whether the court erred in ruling that the fourteen year term required by N.C. Gen. Stat. 14-87(d) (1981) could not be reduced by the mitigating factors recognized under the Fair Sentencing Act.

Prior to entry of judgment the trial court ruled that the minimum 14 year sentence was mandatory for all offenses of armed robbery committed on or after July 1, 1981 and that the minimum sentence could not be reduced by mitigating factors pursuant to the Fair Sentencing Act, N.C. Gen. Stat. 15A-1340.1 — 1340.7 (Supp. 1981). Defendant…