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125 N.C. App. 161

479 S.E.2d 282

State v. Caldwell

Court of Appeals of North Carolina

Decided January 7, 1997

Court of Appeals of North Carolina · decided 1997-01-07

Key passage — most relied on by later courts

“[t]he court shall make findings of the aggravating and mitigating factors present in the offense only if, in its discretion, it departs from the presumptive range of sentences specified in G.S. 15A-1340.17(c)(2).”

quoted by 3 later decisions, including 172 N.C. App. 722 - State v. Norris, 248 N.C. App. 763 - State v. Lee

“[T]he legislature intended the trial court to take into account factors in aggravation and mitigation only when deviating from the presumptive range in sentencing.”

quoted by 3 later decisions, including 204 N.C. App. 211 - State v. Autry, 166 N.C. App. 517 - State v. Cox

Applies NC 15A § 15A-1340.13 · NC 15A § 15A-1340.16 · NC 15A § 15A-1340.17

Relies on 111 N.C. App. 448 - Wagoner v. Hiatt

Good law ✅— No negative treatment on recordhow we know

Decided 1997-01-07

How this case has been cited

Cited by 24 later decisions — most recently August 2016

24 state decisions

180199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SMITH, Judge.

¶1 Defendant was convicted of first-degree burglary and sentenced to a minimum of eighty-nine months’ and a maximum of one hundred sixteen months’ active imprisonment, a term within the presumptive range under the Structured Sentencing Act.

¶2 The circumstances surrounding defendant’s arrest and conviction are not pertinent to the issue raised on appeal and will not be discussed herein. Defendant’s sole argument on appeal is that the trial court abused its discretion by failing to find factors in mitigation for sentencing purposes. Defendant recognizes that the sentence imposed was within the presumptive range under the Structured *162 Sentencing Act, and as such is discretionary with the trial court. See N.C. Gen. Stat. § 15A-1340.17(c)(2) (Cum. Supp. 1996) (“A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted . . . .”). However, he contends that because sentences imposed under the Act result in time which will actually be served, the trial court’s discretion should be curtailed. Accordingly, defendant asserts that even when sentencing within the presumptive range, the trial court should be required to take into account evidence of aggravating and/or mitigating factors in imposing sentence. For the following reasons, we find no abuse of discretion by the trial court.

¶3 We are mindful that by virtue of the recency of the enactment of the Structured Sentencing Act, many of its intricacies will be the subject of much interpretation in the future. However, we also recognize that absent precedent, we are bound by the plain language of the act in determining the legislative intent. “In matters of statutory construction, the task of the courts is to ensure that the purpose of the Legislature, the legislative intent, is accomplished. The best indicia of that legislative purpose are the language of the act and what the act seeks to accomplish.” Wagoner v. Hiatt, 111 N.C. App. 448, 450, 432 S.E.2d 417, 418 (1993). It is clear from our examination of the language of the Act that the legislature intended the trial court to take into account factors in aggravation and mitigation only when deviating from the presumptive range in sentencing.

¶4 N.C. Gen Stat. § 15A-1340.13(e) (Cum. Supp. 1996) states that “[t]he court may deviate from the presumptive range of minimum sentences ... if it finds, pursuant to G.S. 15A-1340.16, that aggravating or mitigating circumstances support such a deviation.” Further, N.C. Gen. Stat. § 15A-1340.16 permits the court to consider evidence of aggravating and/or mitigating factors if appropriate, “but the decision to depart from the presumptive range is in the discretion of the court.” N.C. Gen. Stat. § 15A-1340.16(a) (Cum. Supp. 1996). Finally, we note that the court is only required to make written findings in aggravation or mitigation “if, in its discretion, it departs from the presumptive range of sentences . . . N.C. Gen. Stat. § 15A-1340.16(c) (Cum. Supp. 1996).

¶5 It is clear from the plain language of these statutes that the Legislature intended to provide the trial court with a window of discretion to be exercised when sentencing a criminal defendant within the presumptive range. It is not the province of this Court to impose *163 the additional requirement that the trial court justify its decision by making findings of aggravation and mitigation subject to appellate review.

¶6 For these reasons, we find defendant received a fair trial and sentencing, free from prejudicial error.

¶7 No error.

Judges WYNN and MARTIN, Mark D., concur.
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