Legal Opinion

State v. Benbow

Supreme Court of North Carolina

Decided November 3, 1983No. 136A83PublishedCited by 33 opinions

1Opinion of the Court

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…

2Cases cited7 opinions

  1. State v. AhearnSupreme Court of North Carolina · 1983
  2. State v. JonesSupreme Court of North Carolina · 1983
  3. State v. BlackwelderSupreme Court of North Carolina · 1983
  4. State v. ThompsonSupreme Court of North Carolina · 1983
  5. In Matter of RogersSupreme Court of North Carolina · 1979

2 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. StokesSupreme Court of North Carolina · 1987
  2. State v. MurraySupreme Court of North Carolina · 1984
  3. State v. ThompsonSupreme Court of North Carolina · 1985
  4. State v. HudsonSupreme Court of North Carolina · 1992
  5. State v. LattimoreSupreme Court of North Carolina · 1984

28 more not listed; retrieve them via the Exa API.

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