North Carolina v. Green Book Reviews

North Carolina v. Green by Supreme Court of North Carolina No. 269A83 Book Summary

[309 NC Page 624] The trial court found as a factor in aggravation that the defendant had a prior conviction or convictions for criminal offenses punishable by more than sixty days' confinement. G.S. 15A-1340.4(a)(1)(o). The defendant did not object to the introduction of evidence of his prior conviction or convictions, nor did he allege that he was indigent and not represented by counsel at the time of his prior conviction or convictions. Nevertheless, the Court of Appeals held that the State's failure to show that, at the time of his prior conviction or convictions, the defendant either [309 NC Page 625] was not indigent or was represented by or waived counsel rendered the finding of this aggravating factor by the trial court erroneous. This holding by the Court of Appeals was error. State v. Thompson, 309 N.C. 421, 307 S.E.2d 156 (1983).

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