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North Carolina v. Cummings10/6/1988
nding defendant's failure properly to preserve the error for appellate review. State v. Strickland, 290 N.C. 169, 225 S.E.2d 531 (1976); State v. Warren, 289 N.C. 551, 223 S.E.2d 317 (1976); State v. Waddell, 289 N.C. 19, 220 S.E.2d 293 (1975); State v. Buchanan, 287 N.C. 408, 215 S.E.2d 80 (1975); State v. Chance, 279 N.C. 643, 185 S.E.2d 227 (1971); State v. Atkinson, 275 N.C. 288, 167 S.E.2d 241 (1969); State v. Fowler, 270 N.C. 468, 155 S.E.2d 83 (1967); State v. McCoy, 236 N.C. 121, 71 S.E.2d 921 (1952).
Justice Frye dissenting as to sentence.
For the reasons expressed in the Chief Justice's dissenting opinion in State v. McKoy, 323 N.C. 1, 372 S.E.2d 12 (1988), which I joined, I believe the United States Supreme Court's decision in Mills v. Maryland, 486 U.S. , 100 L. Ed. 2d 384 (1988), requires that defendant be given a new sentencing hearing. Accordingly, I dissent from that portion of the Court's opinion which rejects defendant's argument based upon the holding of Mills. I concur in the remainder of the Court's opinion.
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