State v. Garnett, 209 N.C. App. 537 (Feb. 15, 2011)

The trial court did not abuse its discretion by refusing the defendant’s request for a mitigated sentence despite uncontroverted evidence of mitigating circumstances. The defendant offered uncontroverted evidence of mitigating factors and the trial court considered this evidence during the sentencing hearing. That the trial court did not, however, find any mitigating factors and chose to sentence the defendant in the presumptive range was within its discretion.