aggravating and mitigating factors in North Carolina

46 North Carolina opinions name it 2 courts 1981–2026 2 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (24)

Case	Followed	Cited
State v. Ahearngreen nc · 1983 · cited in 10 North Carolina opinions naming this issue, 1984–2026 2 sentences 1987Defendant asserts this procedure does not comport with our Supreme Court’s holding in State v. Ahearn, 307 N.C. 584, 598 , 300 S.E. 2d 689, 698 (1983): Separate findings as to the aggravating and mitigating factors for each offense will facilitate appellate review. 1987Defendant asserts this procedure does not comport with our Supreme Court’s holding in State v. Ahearn, 307 N.C. 584, 598 , 300 S.E. 2d 689, 698 (1983): Separate findings as to the aggravating and mitigating factors for each offense will facilitate appellate review.	4	10
State v. Meltongreen · 1983 · cited in 4 North Carolina opinions naming this issue, 1983–1991 2 sentences 1991State v. Melton, 307 N.C. 370 , 298 S.E.2d 673 (1983); State v. Wood, 61 N.C. 1991State v. Melton, 307 N.C. 370 , 298 S.E.2d 673 (1983); State v. Wood, 61 N.C.	2	4
State v. Sanford Video & News, Inc.green ncctapp · 2001 · cited in 2 North Carolina opinions naming this issue, 2016–2025 2 sentences 2025“In exercising its discretion, the trial court must take into account the nature of the crime, the level of the offense, and the aggravating and mitigating factors, just as it would in setting the length of imprisonment for a defendant.” State v. Sanford Video & News, Inc., 146 N.C. 2016In exercising its discretion to impose a fine, a “trial court must take into account the nature of the crime, the level of the offense, and the aggravating and mitigating factors, just as it would in setting the length of imprisonment for a defendant.” State v. Sanford Video & News, Inc., 146 N.C.	2	2
State v. McLaughlingreen nc · 1988 · cited in 2 North Carolina opinions naming this issue, 1994–1994 2 sentences 1994State v. McLaughlin, 323 N.C. 68, 109 , 372 S.E.2d 49, 75 (1988), sentence vacated on other grounds, 494 U.S. 1021 , 110 S.Ct. 1463 , 108 L.Ed.2d 601 (1990); see also State v. Roper, 328 N.C. 337, 371-73 , 402 S.E.2d 600, 620-21 (discussing process of proportionality review), cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991); State v. Artis, 325 N.C. 278, 337-38 , 384 S.E.2d 470, 505 (1989) (same), sentence vacated on other grounds, 494 U.S. 1023 , 110 S.Ct. 1466 , 108 L.Ed.2d 604 (1990), on remand, 329 N.C. 679 , 406 S.E.2d 827 (1991). 1994State v. McLaughlin, 323 N.C. 68, 109 , 372 S.E.2d 49, 75 (1988), sentence vacated on other grounds, 494 U.S. 1021 , 110 S.Ct. 1463 , 108 L.Ed.2d 601 (1990); see also State v. Roper, 328 N.C. 337, 371-73 , 402 S.E.2d 600, 620-21 (discussing process of proportionality review), cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991); State v. Artis, 325 N.C. 278, 337-38 , 384 S.E.2d 470, 505 (1989) (same), sentence vacated on other grounds, 494 U.S. 1023 , 110 S.Ct. 1466 , 108 L.Ed.2d 604 (1990), on remand, 329 N.C. 679 , 406 S.E.2d 827 (1991).	2	2
State v. Butlergreen nc · 1995 · cited in 2 North Carolina opinions naming this issue, 2016–2019 2 sentences 2019Before weighing the aggravating and mitigating factors and announcing Defendant's sentence, the trial court stated, "the fact that you're-you continue to say you're innocent and protest your innocence, says you haven't learned anything from this situation and the situation could happen again." Based on this statement alone, Defendant argues "the court imposed consecutive sentences within the aggravated range because of his protestation of innocence despite the trial testimony and the jury's verdict." We review a trial court's weighing of mitigating and aggravating factors for abuse of discreti 2019Before weighing the aggravating and mitigating factors and announcing Defendant's sentence, the trial court stated, "the fact that you're-you continue to say you're innocent and protest your innocence, says you haven't learned anything from this situation and the situation could happen again." Based on this statement alone, Defendant argues "the court imposed consecutive sentences within the aggravated range because of his protestation of innocence despite the trial testimony and the jury's verdict." We review a trial court's weighing of mitigating and aggravating factors for abuse of discreti	1	2
State v. Boonegreen nc · 1977 · cited in 2 North Carolina opinions naming this issue, 2002–2019 2 sentences 2019"A sentence within the statutory limit will be presumed regular and valid." State v. Boone , 293 N.C. 702 , 712, 239 S.E.2d 459 , 465 (1977). 2019"A sentence within the statutory limit will be presumed regular and valid." State v. Boone , 293 N.C. 702 , 712, 239 S.E.2d 459 , 465 (1977).	1	2
State v. Greengreen ncctapp · 1991 · cited in 2 North Carolina opinions naming this issue, 1995–2012 2 sentences 2012State v. Green, 101 N.C. 1995App. 317, 322 , 399 S.E.2d 376, 379 (“If the trial court imposes a sentence greater than the presumptive term for any conviction, it must consider each of the aggravating and mitigating factors under the Fair Sentencing Act for each of defendant’s convictions, and make written findings of fact concerning the factors and whether one set of factors outweighs the other”), supersedeas and temporary stay denied, 328 N.C. 335 , 400 S.E.2d 449 (1991).	1	2
State v. Parkergreen nc · 1985 · cited in 2 North Carolina opinions naming this issue, 1987–1995 2 sentences 1995Parker, 315 N.C. at 258 , 337 S.E.2d at 502-03 . 1995Parker, 315 N.C. at 258 , 337 S.E.2d at 502-03 .	1	2
State v. Davygreen ncctapp · 1990 · cited in 2 North Carolina opinions naming this issue, 1993–1993 2 sentences 1993App. 326, 328 , 328 S.E.2d 27, 29 , disc. review denied, 314 N.C. 547 , 335 S.E.2d 319 (1985); see also State v. Davy, 100 N.C. 1993“When an aggravating factor is incorrect, the trial judge cannot properly balance the aggravating and mitigating factors, and therefore the case must be remanded for resentencing.” State v. Davy, 100 N.C.	1	2
The NORTH CAROLINA STATE BAR v. Ethridgegreen ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2016–2016 2 sentences 2016State Bar v. Ethridge , 188 N.C.App. 653 , 668, 657 S.E.2d 378 , 387 (2008) ("[D]efendant fails to cite any authority for his assignments of error regarding DHC's failure to properly weigh the aggravating and mitigating factors. 2016State Bar v. Ethridge , 188 N.C.App. 653 , 668, 657 S.E.2d 378 , 387 (2008) ("[D]efendant fails to cite any authority for his assignments of error regarding DHC's failure to properly weigh the aggravating and mitigating factors.	1	1
State v. Dortongreen ncctapp · 2007 · cited in 1 North Carolina opinions naming this issue, 2016–2016 2 sentences 2016See, e.g., State v. Dorton, 182 N.C.App. 34 , 43, 641 S.E.2d 357 , 363 (2007) ( "[T]he trial court need make findings of the aggravating and mitigating factors present in the offense only if, in its discretion, it departs from the presumptive range of sentences[.] As the trial court in the present case entered a sentence within the presumptive range, the court did not err by declining to formally find or act on defendant's proposed mitigating factors, regardless whether evidence of their existence was uncontradicted and manifestly credible." (internal citation and quotation marks omitted)). 2016See, e.g., State v. Dorton, 182 N.C.App. 34 , 43, 641 S.E.2d 357 , 363 (2007) ( "[T]he trial court need make findings of the aggravating and mitigating factors present in the offense only if, in its discretion, it departs from the presumptive range of sentences[.] As the trial court in the present case entered a sentence within the presumptive range, the court did not err by declining to formally find or act on defendant's proposed mitigating factors, regardless whether evidence of their existence was uncontradicted and manifestly credible." (internal citation and quotation marks omitted)).	1	1
State v. Simuelgreen nc · 2002 · cited in 1 North Carolina opinions naming this issue, 2016–2016 1 sentence 2016See id. 49 489 In exercising its discretion to impose a fine, a "trial court must take into account the nature of the crime, the level of the offense, and the aggravating and mitigating factors, just as it would in setting the length of imprisonment for a defendant." State v. Sanford Video & News, Inc ., 146 N.C.App. 554 , 557, 553 S.E.2d 217 , 218 (2001), disc. review denied , 355 N.C. 221 , 560 S.E.2d 359 (2002).	1	1
State v. Sanford Video & News, Inc.green nc · 2002 · cited in 1 North Carolina opinions naming this issue, 2016–2016 1 sentence 2016See id. 49 489 In exercising its discretion to impose a fine, a "trial court must take into account the nature of the crime, the level of the offense, and the aggravating and mitigating factors, just as it would in setting the length of imprisonment for a defendant." State v. Sanford Video & News, Inc ., 146 N.C.App. 554 , 557, 553 S.E.2d 217 , 218 (2001), disc. review denied , 355 N.C. 221 , 560 S.E.2d 359 (2002).	1	1
State v. Smithgreen ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2014–2014 1 sentence 2014App. 842, 844-45 , 656 S.E.2d 695, 696 (2008), this Court found that a clerical error had occurred in an instance in which, after correctly identifying the aggravating factors to be utilized for the purpose of sentencing Defendant, the trial court misread the form used for the purpose of determining the aggravating and mitigating factors utilized in sentencing convicted impaired drivers and checked the wrong box on that form.	1	1
State v. Caldwellgreen ncctapp · 1997 · cited in 1 North Carolina opinions naming this issue, 2005–2005 2 sentences 2005State v. Campbell, 133 N.C.App. 531, 542 , 515 S.E.2d 732, 739 (1999) (citing State v. Caldwell, 125 N.C.App. 161, 162 , 479 S.E.2d 282, 283 (1997)). 2005State v. Campbell, 133 N.C.App. 531, 542 , 515 S.E.2d 732, 739 (1999) (citing State v. Caldwell, 125 N.C.App. 161, 162 , 479 S.E.2d 282, 283 (1997)).	1	1
State v. Beckgreen ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2005–2005 2 sentences 2005The court stated, "While this evidence [the fugitive warrant] is sufficient to establish one of these aggravating factors, the trial court erred in relying on the same evidence to find two distinct aggravating factors." State v. Beck, 163 N.C.App. 469, 477 , 594 S.E.2d 94, 99 (2004). 2005The court stated, "While this evidence [the fugitive warrant] is sufficient to establish one of these aggravating factors, the trial court erred in relying on the same evidence to find two distinct aggravating factors." State v. Beck, 163 N.C.App. 469, 477 , 594 S.E.2d 94, 99 (2004).	1	1
State v. Campbellgreen · 1999 · cited in 1 North Carolina opinions naming this issue, 2005–2005 2 sentences 2005State v. Campbell, 133 N.C.App. 531, 542 , 515 S.E.2d 732, 739 (1999) (citing State v. Caldwell, 125 N.C.App. 161, 162 , 479 S.E.2d 282, 283 (1997)). 2005State v. Campbell, 133 N.C.App. 531, 542 , 515 S.E.2d 732, 739 (1999) (citing State v. Caldwell, 125 N.C.App. 161, 162 , 479 S.E.2d 282, 283 (1997)).	1	1
State v. Artisgreen nc · 1989 · cited in 1 North Carolina opinions naming this issue, 1994–1994	1	1
State v. Ropergreen nc · 1991 · cited in 1 North Carolina opinions naming this issue, 1994–1994	1	1
Zettlemoyer v. Fulcomergreen scotus · 1991 · cited in 1 North Carolina opinions naming this issue, 1994–1994	1	1
Richardson Engineering Co. v. William L. Crow Construction Co.green scotus · 1991 · cited in 1 North Carolina opinions naming this issue, 1994–1994	1	1
State v. Lawsongreen nc · 1984 · cited in 1 North Carolina opinions naming this issue, 1988–1988	1	1
White v. Whitegreen nc · 1985 · cited in 1 North Carolina opinions naming this issue, 1985–1985	1	1
State v. Browngreen nc · 1985 · cited in 1 North Carolina opinions naming this issue, 1985–1985	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (29)

Case	Cited	Years
State v. Taylor neutral ncctapp · 1985 2 sentences 1993Therefore, the court erroneously used the same evidence to prove two distinct factors in enhancing defendant’s sentence. “[W]here an aggravating factor was incorrect, the trial judge could not have properly balanced the aggravating and mitigating factors . . . .” State v. Taylor, 74 N.C. 1990“When an aggravating factor is incorrect, the trial judge cannot properly balance the aggravating and mitigating factors, and therefore the case must be remanded for resentencing.” State v. Taylor, 74 N.C.	3	1990–1993
States v. Eichman green scotus · 1990 2 sentences 1994State v. McLaughlin, 323 N.C. 68, 109 , 372 S.E.2d 49, 75 (1988), sentence vacated on other grounds, 494 U.S. 1021 , 110 S.Ct. 1463 , 108 L.Ed.2d 601 (1990); see also State v. Roper, 328 N.C. 337, 371-73 , 402 S.E.2d 600, 620-21 (discussing process of proportionality review), cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991); State v. Artis, 325 N.C. 278, 337-38 , 384 S.E.2d 470, 505 (1989) (same), sentence vacated on other grounds, 494 U.S. 1023 , 110 S.Ct. 1466 , 108 L.Ed.2d 604 (1990), on remand, 329 N.C. 679 , 406 S.E.2d 827 (1991). 1994State v. McLaughlin, 323 N.C. 68, 109 , 372 S.E.2d 49, 75 (1988), sentence vacated on other grounds, 494 U.S. 1021 , 108 L.	2	1994–1994
McLaughlin v. North Carolin green scotus · 1990 2 sentences 1994State v. McLaughlin, 323 N.C. 68, 109 , 372 S.E.2d 49, 75 (1988), sentence vacated on other grounds, 494 U.S. 1021 , 110 S.Ct. 1463 , 108 L.Ed.2d 601 (1990); see also State v. Roper, 328 N.C. 337, 371-73 , 402 S.E.2d 600, 620-21 (discussing process of proportionality review), cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991); State v. Artis, 325 N.C. 278, 337-38 , 384 S.E.2d 470, 505 (1989) (same), sentence vacated on other grounds, 494 U.S. 1023 , 110 S.Ct. 1466 , 108 L.Ed.2d 604 (1990), on remand, 329 N.C. 679 , 406 S.E.2d 827 (1991). 1994State v. McLaughlin, 323 N.C. 68, 109 , 372 S.E.2d 49, 75 (1988), sentence vacated on other grounds, 494 U.S. 1021 , 108 L.	2	1994–1994
State ex rel. Comr. of Ins. v. N. C. Rate Bureau green nc · 1985 2 sentences 1993App. 326, 328 , 328 S.E.2d 27, 29 , disc. review denied, 314 N.C. 547 , 335 S.E.2d 319 (1985); see also State v. Davy, 100 N.C. 1990App. 326, 328 , 328 S.E.2d 27, 29 , disc. rev. denied, 314 N.C. 547 , 335 S.E.2d 319 (1985). *561 The defendant has also appealed the denial of his motion for the return of his truck, exclusive of any storage lien.	2	1990–1993
State v. Norman green ncctapp · 2002 1 sentence 2019State v. Norman , 151 N.C.	1	2019–2019
State v. Morston green ncctapp · 2012 2 sentences 2016Moreover, "[a] trial court's resentencing of a defendant to the same sentence as a prior sentencing court is not ipso facto evidence of any failure to exercise independent decision-making or conduct a de novo review." State v. Morston, 221 N.C.App. 464 , 470, 728 S.E.2d 400 , 406 (2012). 2016Moreover, "[a] trial court's resentencing of a defendant to the same sentence as a prior sentencing court is not ipso facto evidence of any failure to exercise independent decision-making or conduct a de novo review." State v. Morston, 221 N.C.App. 464 , 470, 728 S.E.2d 400 , 406 (2012).	1	2016–2016
North Carolina State Bar v. Talford green nc · 2003 2 sentences 2015The DHC limited its findings of fact regarding discipline to “six conclusory statements about the aggravating and mitigating factors surrounding defendant’s misconduct.” Id., 576 S.E.2d at 314 . -11- THE NORTH CAROLINA STATE BAR V. 2015The DHC limited its findings of fact regarding discipline to “six conclusory statements about the aggravating and mitigating factors surrounding defendant’s misconduct.” Id., 576 S.E.2d at 314 . -11- THE NORTH CAROLINA STATE BAR V.	1	2015–2015
State v. Hagans green ncctapp · 2006 1 sentence 2014State v. Hagans, 177 N.C.	1	2014–2014
State v. Abbott green ncctapp · 1988 2 sentences 2012App. 749 , 370 S.E.2d 68 (1988), the resentencing court found the same aggravating and mitigating factors as the prior sentencing court. 2012This Court held in Abbott that the resentencing court’s statement that “it was trying to be consistent with [the prior sentencing court], while not intimating that the previous findings were the law of the case, indicates to us that its decision was not independent.” Id. at 752 , 370 S.E.2d at 69 .	1	2012–2012
Mark Group International, Inc. v. Still green ncctapp · 2002 2 sentences 2008We cannot say that the DHC’s valuation of the aggravating and mitigating factors was “manifestly unsupported by reason, or so arbitrary that it could not have been the result of a reasoned decision.” Mark Group Int’l, 151 N.C. 2008App. at 566 , 566 S.E.2d at 161 .	1	2008–2008
State v. McCullers green ncctapp · 1985 1 sentence 2004While “[n]o appellate court in this State has ever held that the same factor may not be used to aggravate more than one conviction,” State v. McCullers, 77 N.C.	1	2004–2004
State v. Whitley green ncctapp · 1993 2 sentences 1997State v. Whitley, 111 N.C.App. 916 , 433 S.E.2d 826 (1993). 1997State v. Whitley, 111 N.C.App. 916 , 433 S.E.2d 826 (1993).	1	1997–1997
State v. Norris green nc · 1991	1	1995–1995
State v. Green green nc · 1991 1 sentence 1995App. 317, 322 , 399 S.E.2d 376, 379 (“If the trial court imposes a sentence greater than the presumptive term for any conviction, it must consider each of the aggravating and mitigating factors under the Fair Sentencing Act for each of defendant’s convictions, and make written findings of fact concerning the factors and whether one set of factors outweighs the other”), supersedeas and temporary stay denied, 328 N.C. 335 , 400 S.E.2d 449 (1991).	1	1995–1995
State v. Artis green nc · 1991	1	1994–1994
State v. Church green ncctapp · 1990	1	1994–1994
Lloyd v. North Carolina green scotus · 1990	1	1994–1994
Neville v. Appellate Division green scotus · 1990	1	1994–1994
In re Disbarment of Brown green scotus · 1990	1	1994–1994
Jackson v. Dugger green scotus · 1990	1	1994–1994
State v. Davy green nc · 1990	1	1993–1993
Stallings v. Gunter green nc · 1990	1	1993–1993
State v. Wood green ncctapp · 1983	1	1991–1991
State v. Cannon green ncctapp · 1988	1	1990–1990
Gaskins v. South Carolina green scotus · 1985	1	1988–1988
State v. Thompson green ncctapp · 1983	1	1986–1986
State v. Gaynor green ncctapp · 1983	1	1985–1985
State v. Davis green ncctapp · 1982	1	1983–1983
State v. Johnson green nc · 1979	1	1981–1981

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1340.16 (11) NC § N.C. Gen. Stat. § 15A-1444 (7) NC § N.C. Gen. Stat. § 8C-1 (6) NC § N.C. Gen. Stat. § 15A-1443 (4) NC § N.C. Gen. Stat. § 15A-2000 (4) NC § N.C. Gen. Stat. § 15A-1340 (3) NC § N.C. Gen. Stat. § 15A-1340.16A (3) NC § N.C. Gen. Stat. § 15A-1340.17 (3) NC § N.C. Gen. Stat. § 7A-27 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 700 (1980–2026) OH 274 (1990–2026) IL 137 (1981–2026) CA 120 (1976–2026) FL 89 (1979–2025) LA 86 (1984–2019) IN 84 (1980–2026) NY 81 (1988–2026) AZ 48 (1978–2026) NC 46 (1981–2026) WA 45 (1984–2026) TN 26 (1993–2018) KS 19 (1993–2021) ME 18 (1994–2026) AK 18 (1982–2025) MD 15 (1983–2024) CO 13 (1990–2012) UT 12 (1994–2020) MS 11 (1993–2023) AL 10 (1994–2016) PA 10 (1998–2024) GA 9 (2014–2025) NV 9 (1990–2019) DE 7 (1985–2023) CT 6 (1994–2025) IA 6 (2010–2023) OR 6 (1992–2022) OK 5 (1994–2017) AR 4 (2009–2025) NH 4 (2010–2015) MT 3 (1993–1996) MN 3 (2007–2014) MI 3 (2000–2009) NE 3 (1993–2023) WY 2 (2003–2017) TX 2 (1996–2020) WI 2 (2020–2026) VT 2 (2019–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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