State v. Benbow

MEYER, Justice.

As the record does not support a finding that the defendant was hired or paid to commit the offense, the trial judge erred in relying on the aggravating factor that the offense was committed for pecuniary gain. State v. Thompson, 309 N.C. 421, 307 S.E. 2d 156 (1983); State v. Abdullah, 309 N.C. 63, 306 S.E. 2d 100 (1983). Defendant is therefore entitled to resentencing. State v. Ahearn, 307 N.C. 584, 300 S.E. 2d 689 (1983).

Defendant next assigns as error the trial court’s reliance on the aggravating factor that the offense was especially heinous, atrocious, or cruel. This Court…