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359 N.C. 840

616 S.E.2d 910

State v. Hurt

Supreme Court of North Carolina

Decided August 19, 2005

Supreme Court of North Carolina · decided 2005-08-19

Cited by 17 later decisions — most recently July 2014

17 state decisions

Relies on State v. Allen

Good law ✅— No negative treatment on recordhow we know

Decided 2005-08-19

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Justice MARTIN,

¶1concurring in part and dissenting in part.

¶2I concur in the majority’s holding that the nonstatutory aggravating factor at issue is “reasonably related to the purposes of sentencing” and thus valid under North Carolina law. N.C.G.S. § 15A-1340.16(d)(20) (2003).

¶3For the reasons stated in my separate opinion in State v. Allen, however, I disagree with the majority’s conclusion that Blakely errors are not amenable to harmless-error review. State v. Allen, 359 N.C. 444, 615 S.E.2d 256,-(July 1, 2005) (No. 485PA04) (Martin, J., concurring in part and dissenting in part). Accordingly, I dissent from the majority’s decision to allow defendant’s motion for appropriate relief without considering whether the instant Blakely violation was harmless beyond a reasonable doubt.

Chief Justice LAKE and Justice NEWBY join in this concurring and dissenting opinion.
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