Smith's Criminal Case Compendium

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State v. Rico, 218 N.C. App. 109 (Jan. 17, 2012)

rev’d on other grounds, 366 N.C. 327 (Dec. 14, 2012)
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Post-Conviction Proceedings > Clerical Errors/Error Correction

Where the trial judge erroneously sentenced the defendant to an aggravated term without finding that an aggravating factor existed and that an aggravated sentence was appropriate, a second judge erroneously treated this as a clerical that could be corrected simply by amending the judgment.