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   State Courts - North Carolina - January 3, 2006

  
State v. Hanton, NO. COA04-1279, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Overview: Trial court erred in sentencing defendant as a level IV offender on his conviction of second-degree murder, as the trial court erred in finding that a prior New York conviction was substantially similar to North Carolina's offense of simple assault set forth in N.C. Gen. Stat. § 14-33(a) for purposes of aggravation.

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State v. Harris, NO. COA05-111, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Overview: The sentence imposed on defendant's conviction of second-degree murder had to be remanded, as the aggravated sentence imposed by the trial court was based on factors neither pled in an indictment, found by a jury beyond a reasonable doubt, nor admitted by defendant.

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State v. Hill, NO. COA05-537, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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State v. Holifield, NO. COA04-1513, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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State v. Kelly, NO. COA05-486, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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State v. Lacey, NO. COA05-238, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Overview: Statement of lieutenant from county sheriff's office during federal guilty plea debriefing that defendant had nothing to worry about as long as he did not commit murders did not alter plea agreement where defendant later confessed to violent crimes. Defendant knew contents of plea, and lieutenant had no authority to modify federal plea agreement.

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State v. Lewis, NO. COA05-262, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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State v. McClure, NO. COA05-619, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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State v. McGee, NO. COA05-301, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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State v. Moore, NO. COA04-1727, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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