State v. Jones

JOHNSON, Judge.

The State opposes defendant’s appeal on the grounds that defendant cannot now complain of the sentence imposed simply because he entered into a plea arrangement. We disagree. G.S. 15A-1340.4(a) provides that if a prison term in excess of the presumptive is to be imposed, the trial judge must consider factors in aggravation and mitigation unless he imposes a prison term pursuant to a plea arrangement as to sentence. Although defendant had the opportunity to bargain for the prosecutor’s recommendation of a particular sentence, the record shows that no such agreement was made. The…