Uncontroverted Mitigating Factors

Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory factor under G.S. 15A-1340.16(e). Before the defendant can present evidence of the factor (probably a DD-214) to the court, the judge stops him, saying, “No need for that—I’m going to sentence in the presumptive range.” Is that okay? No. Under Structured Sentencing, the court is required in every case to consider evidence of aggravating and mitigating factors that are presented. G.S. 15A-1340.16(a) (“The court shall consider evidence of aggravating or mitigating factors present in the offense . . . .”). It is plain error for the trial court to sentence the defendant without allowing defense counsel an opportunity to present evidence of mitigating factors. State v. Knott, 164 N.C. App. 212 (2004). The court must at least let the defendant get evidence of any mitigating factors out on the table. To head off any claim that proffered evidence was ignored, a careful judge may wish to note on the record that he or she has considered the evidence of any proposed mitigating factor. But there is no statutory obligation to do that. See State v. Hagans, 177 N.C. App. 17, 31 (2006) (“The fact the [sic] trial court, without comment, imposed consecutive presumptive sentences does not mean the trial court failed to consider the mitigating factors presented.”). There is language in State v. Chavis, 141 N.C. App. 553 (2000), saying that [...]