By North Carolina Judicial Branch
State v. Wells
felony sentencing; aggravating factors; evidence to support aggravating factor was not the same as evidence of underlying offense; prior record level determination; substantial similarity of out-of-state conviction; no error where sentence imposed was a legal sentence for the correct prior record level even if it was based on an incorrect prior record level determination
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Summary
felony sentencing; aggravating factors; evidence to support aggravating factor was not the same as evidence of underlying offense; prior record level determination; substantial similarity of out-of-state conviction; no error where sentence imposed was a legal sentence for the correct prior record level even if it was based on an incorrect prior record level determination