State v. Waring, 364 N.C. 443 (Nov. 5, 2010)

The trial court did not err by instructing the jury to consider, over the defendant’s objection, the (f)(1) mitigating circumstance (no significant history of prior criminal activity). The defendant’s priors consisted of breaking and entering a motor vehicle (Class I felony) and several misdemeanors (larceny, public disturbance, defrauding an innkeeper, trespassing, carrying a concealed weapon, and possession of marijuana). There was also evidence of unspecified thefts, mostly at school. Because the evidence pertained to minor offenses, a rational jury could conclude that the defendant had no significant history of criminal activity.