Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Ross, 216 N.C. App. 337 (Oct. 18, 2011)
The trial court erred by submitting to the jury three aggravating factors that had not been alleged in the indictment as required by G.S. 15A-1340.16(a4). The three aggravating factors were that the defendant used a firearm equipped with an unregistered silencing device; the defendant's conduct included involvement in the illegal sale and purchase of narcotics; and the defendant's conduct was part of a course of conduct which included the commission of other crimes of violence against another person or persons.