 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
North Carolina v. Rose11/3/1988
required for the mental processes of premeditation and deliberation; it is sufficient that the processes occur prior to, and not simultaneously with, the killing. State v. Perry, 276 N.C. 339, 172 S.E.2d 541 (1970).
State v. Cummings, 323 N.C. 181, 188, 372 S.E.2d 541, 547 (1988). A medical expert's opinion as to whether these legal standards have or have not been met is inadmissible. That determination is for the finder of fact.
Defendant next contends that the trial judge erroneously aggravated his sentence for the second-degree murder of Jill Alexander by the joined offense of the murder of Danny Bateman. The State concedes the point, as it must. Apart from the joined offense of the first-degree murder of Danny Bateman, defendant's only other prior convictions were for failing to stop for a blue light and driving while impaired, both of which arose out of the same incident. In sentencing defendant, the trial court found that
he murder for which the defendant is convicted was part of a course of conduct in which the defendant engaged and which included the commission by the defendant of another crime of murder.
(Emphasis added.)
A sentencing judge may not use a joined or joinable offense in aggravation. State v. Westmoreland, 314 N.C. 442, 334 S.E.2d
223 (1985); State v. Lattimore, 310 N.C. 295, 311 S.E.2d 876 (1984). See N.C.G.S. § 15A-1340.4(a)(1)(o) (1983). Because the trial court aggravated defendant's sentence for the murder of Jill Alexander by the joined offense of the murder of Danny Bateman, defendant is entitled to a new sentencing hearing on the second-degree murder of Jill Alexander.
We hold that defendant is entitled to a new trial for the murder of Danny Bateman and a new sentencing hearing for the second-degree murder of Jill Alexander. In view of our disposition of these cases, we do not address defendant's other assignments of error.
No. 87CRS28 (Danny Bateman): New trial;
No. 87CRS27 (Jill Alexander): New sentencing hearing.
Disposition
No. 87CRS28 (Danny Bateman): New trial; No. 87CRS27 (Jill Alexander): New sentencing hearing.
|