Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Lee, ___ N.C. App. ___, 789 S.E.2d 679 (Aug. 2, 2016)
rev’d on other grounds, 370 N.C. 671 (Apr. 6, 2018)
Because the trial court did not depart from the presumptive range in sentencing the defendant, it was not required to make any findings regarding mitigation. The court rejected the defendant’s argument that the trial court erroneously failed to “consider” evidence of mitigating factors proved by the State’s own evidence.