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State v. Daughtry7/28/1995 e death penalty in numerous cases where the jury found the especially heinous, atrocious, or cruel circumstance. See State v. Moseley, 338 N.C. 1, 64, 449 S.E.2d 412, 449 (1994), cert. denied, U.S. , 131 L. Ed. 2d 738 (1995). Further, "we have never found a death sentence disproportionate in a case involving a victim of first-degree murder who was also sexually assaulted." State v. Payne, 337 N.C. 505, 537, 448 S.E.2d 93, 112 (1994), cert. denied, U.S. , 131 L. Ed. 2d 292 (1995).
Considering the foregoing, as well as the crime and defendant, we conclude that the death sentence in this case was not excessive or disproportionate. We hold that defendant received a fair trial and sentencing proceeding, free of prejudicial error.
NO ERROR.
Disposition
NO ERROR.
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