State v. Morston, 221 N.C. App. 464 (Jul. 3, 2012)

(1) The trial court properly conducted a de novo review on resentencing, even though the defendant was sentenced to the same term that he received at the original sentencing hearing. (2) At a resentencing during which new evidence was presented, the trial court did not err by failing to find a mitigating factor of limited mental capacity, a factor that had been found at the first sentencing hearing.