{
  "id": 8525757,
  "name": "STATE OF NORTH CAROLINA v. VERNON LYNN LUNSFORD",
  "name_abbreviation": "State v. Lunsford",
  "decision_date": "1984-11-20",
  "docket_number": "No. 8419SC151",
  "first_page": "455",
  "last_page": "456",
  "citations": [
    {
      "type": "official",
      "cite": "71 N.C. App. 455"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "311 S.E. 2d 594",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1984,
      "opinion_index": 0
    },
    {
      "cite": "66 N.C. App. 280",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8524457
      ],
      "year": 1984,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/66/0280-01"
      ]
    }
  ],
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    "sha256": "104a978daa3f3b80518f37b83a321addaf003dc4512d9b2eac73e373eae4987e",
    "simhash": "1:afeab2df72316c06",
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  "last_updated": "2023-07-14T17:51:06.115640+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Arnold and Hill concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. VERNON LYNN LUNSFORD"
    ],
    "opinions": [
      {
        "text": "WELLS, Judge.\nIn his sole assignment of error, defendant contends that the trial court erred in sentencing him to a term of imprisonment in excess of the statutory presumptive term. More particularly, defendant contends that the trial court erred in failing to find as a mitigating factor that prior to arrest or at an early stage in the criminal process defendant voluntarily acknowledged wrongdoing in connection with the offense to a law enforcement officer, under the provisions of N.C. Gen. Stat. \u00a7 15A-1340.4(a)(2)l (1983).\nFrom the record before us, it does not appear that defendant offered any evidence on this issue. The record of evidence we have indicates that the District Attorney stated to the court that defendant did make a statement to a law enforcement officer acknowledging his participating in the break-ins. The District Attorney\u2019s statement does not, however, show when defendant made his confession. Under these circumstances, defendant has not carried his burden of showing this mitigating factor to be established. See State v. Winnex, 66 N.C. App. 280, 311 S.E. 2d 594 (1984).\nThe judgment of the trial court is\nAffirmed.\nJudges Arnold and Hill concur.",
        "type": "majority",
        "author": "WELLS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Rufus L. Edmisten, by Associate Attorney General Victor H. E. Morgan, Jr., for the State.",
      "Ford & Parrott, by Larry G. Ford, for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. VERNON LYNN LUNSFORD\nNo. 8419SC151\n(Filed 20 November 1984)\nCriminal Law \u00a7 138\u2014 failure to find mitigating factor \u2014 evidence insufficient\nThere was no error in the court\u2019s failure to find as a mitigating factor that prior to arrest or at an early stage in the criminal process defendant voluntarily acknowledged wrongdoing where the only evidence that defendant acknowledged his participation did not show when he did so. G.S. 15A-1340.4(a)(2)l (1983).\nAppeal by defendant from Helms, William H., Judge. Judgment entered 26 October 1983 in ROWAN County Superior Court. Heard in the Court of Appeals 16 October 1984.\nDefendant pled guilty to and was convicted of two counts of breaking and entering and was sentenced to a term of eight years.\nAttorney General Rufus L. Edmisten, by Associate Attorney General Victor H. E. Morgan, Jr., for the State.\nFord & Parrott, by Larry G. Ford, for defendant."
  },
  "file_name": "0455-01",
  "first_page_order": 489,
  "last_page_order": 490
}