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State v. Jones

336 S.E.2d 385, 314 N.C. 644, 1985 N.C. LEXIS 1988
Supreme Court of North Carolina·Decided November 5, 1985·No. 110A84·Published·Cited by 16 cases

Opinion

MARTIN, Justice.

The defendant challenges on double jeopardy grounds the validity of his last sentencing hearing. We conclude that the sentencing hearing was free from error and must be affirmed.

In brief, the state’s evidence showed that defendant, together with Rosa Lee Gibbs and Tonia Jamison, robbed Patricia Phillips, a nineteen-year-old night clerk at the Zip Mart in New Bern, with the use of a .38-caliber pistol. After the three robbers left the Zip Mart, Rosa Lee Gibbs returned and killed Patricia Phillips to eliminate her as a witness. The three also stole Patricia’s automobile and were arrested in it at Brunswick, Georgia, soon thereafter. A more detailed review of the evidence may be found in the prior opinion in this case, State v. Jones, 309 N.C. 214, 306 S.E. 2d 451 (1983).

Defendant pled guilty to charges of murder in the second degree, armed robbery, conspiracy to commit armed robbery, and felonious larceny. He was sentenced 3 August 1982. Upon appeal to this Court the case was remanded for resentencing because of the failure of the trial judge to find a mitigating factor, N.C.G.S. 15A-1340.4(a)(2), and because the judge improperly found an aggravating factor, N.C.G.S. 15A-1340.4(a)(1)(c). Jones, 309 N.C. 214, 306 S.E. 2d 451.

A second sentencing hearing was held on 8 November 1983. Upon motion for appropriate relief, this Court ordered a third sentencing hearing because the second sentences were effectively greater than those originally imposed and thus violated N.C.G.S. 15A-1335.

The results of the three sentencing hearings may be outlined as follows:

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State v. Jones, 336 S.E.2d 385, 314 N.C. 644, 1985 N.C. LEXIS 1988 (N.C. 1985).

336 S.E.2d 385 (State v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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