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State v. Tyler6/6/1997
rocious, or cruel), cert. denied, U.S. , 133 L. Ed. 2d 63, 116 S. Ct. 111 (1995); State v. Syriani, 333 N.C. 350, 428 S.E.2d 118 (death sentence proportionate for murder where the jury found as the only aggravating circumstance that the murder was especially heinous, atrocious, or cruel and where defendant was convicted solely under the theory of premeditation and deliberation); State v. Huffstetler, 312 N.C. 92, 322 S.E.2d 110 (1984) (death sentence proportionate for murder of elderly female where the jury found as the only aggravating circumstance that the murder was especially heinous, atrocious, or cruel), cert. denied, 471 U.S. 1009, 85 L. Ed. 2d 169, 105 S. Ct. 1877 (1985).
After comparing this case to other roughly similar cases as to the crime and the defendant, we conclude that this case has the characteristics of first-degree murders for which we have previously upheld the death penalty as proportionate. Accordingly, we cannot conclude as a matter of law that the death sentence is excessive or disproportionate. Therefore, the judgment of the trial court must be and is left undisturbed.
NO ERROR.
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