{
  "id": 8527836,
  "name": "STATE OF NORTH CAROLINA v. MICHAEL S. BATES",
  "name_abbreviation": "State v. Bates",
  "decision_date": "1985-09-17",
  "docket_number": "No. 8412SC1183",
  "first_page": "676",
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    "id": 14983,
    "name": "North Carolina Court of Appeals"
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      "cite": "310 N.C. 418",
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  "analysis": {
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  "last_updated": "2023-07-14T20:46:57.071049+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Arnold and Cozort concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. MICHAEL S. BATES"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Chief Judge.\nDefendant assigns error to the trial court\u2019s aggravation of his sentence by its non-statutory finding that \u201cThe defendant left the victim dying in a field and did not seek to have help sent to him.\u201d An aggravating factor can properly be found only if the defendant has exhibited some behavior which serves to \u201cincrease the offender\u2019s culpability.\u201d G.S. 15A-1340.3. It is error for an aggravating factor to be based on circumstances which are part of \u201cthe very essence\u201d of a crime because \u201cit can be presumed that the Legislature was guided by this unfortunate fact when it established presumptive sentences. . . .\u201d State v. Higson, 310 N.C. 418, 424, 312 S.E. 2d 437, 441 (1984). The exceptional nature of a defendant \u201cattempting to secure immediate medical attention for [his victim]\u201d has been noted by the Supreme Court. State v. Bondurant, 309 N.C. 674, 694, 309 S.E. 2d 170, 183 (1983). We therefore conclude that the trial court erred in finding as an aggravating factor defendant\u2019s failure to aid his victim.\nThe Supreme Court has ruled that \u201cin every case in which it is found that the judge erred in a finding or findings in aggravation and imposed a sentence beyond the presumptive term, the case must be remanded for a new sentencing hearing.\u201d State v. Ahearn, 307 N.C. 584, 602, 300 S.E. 2d 689, 701 (1983). Since there must be a new sentencing hearing, we find it unnecessary to discuss defendant\u2019s remaining assignments of error.\nRemanded for resentencing.\nJudges Arnold and Cozort concur.",
        "type": "majority",
        "author": "HEDRICK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Lacy H. Thornburg, by Assistant Attorney General W. Dale Talbert, for the State.",
      "Appellate Defender Adam Stein, by Assistant Appellate Defender Robin E. Hudson, for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. MICHAEL S. BATES\nNo. 8412SC1183\n(Filed 17 September 1985)\nCriminal Law \u00a7 138\u2014 failure to aid victim \u2014 improper aggravating factor\nThe trial court erred in finding as an aggravating factor for voluntary manslaughter that \u201cdefendant left the victim dying in a field and did not seek to have help sent to him.\u201d\nAppeal by defendant from Battle, Judge. Judgment entered 28 June 1984 in Superior Court, CUMBERLAND County. Heard in the Court of Appeals 26 August 1985.\nDefendant was charged in a proper bill of indictment with the armed robbery and first degree murder of Roy Lee Warren, Jr. At trial, the State\u2019s evidence tended to show the following:\nAround 11:00 p.m. on 6 January 1982 Mary Godwin found defendant, seriously injured, on her front porch. Deputies called to the scene searched nearby and found the body of Roy Warren lying on a lead pipe and near a car. A .22 caliber pistol was found in the area. Also found were various items of personal property belonging to both Warren and defendant. There was blood on both the ground and the car, most of it later identified as defendant\u2019s rather than Warren\u2019s. The pathologist testified that Warren had sustained two gunshot wounds (one just grazed his cheek), thirty-two knife wounds, and a number of blows by a blunt instrument.\nDefendant testified at trial as follows: He and Warren had a dispute over the ownership of the gun, and as he was getting out of the car, Warren stabbed him in the back. The two men continued to fight, with defendant beating and stabbing Warren only in self-defense. He eventually was able to break free and crawl to Mrs. Godwin\u2019s house.\nAfter a jury trial, defendant was found guilty of robbery with a firearm and first degree felony murder and was sentenced to life imprisonment. On appeal, the Supreme Court reversed both the murder conviction and the underlying robbery conviction. State v. Bates, 309 N.C. 528, 308 S.E. 2d 258 (1983). On 27 June 1984 in Cumberland County Superior Court defendant pled guilty to voluntary manslaughter. At the sentencing hearing the trial judge found three aggravating factors, no factors in mitigation, ruled that the aggravating factors outweighed the mitigating factors, and sentenced defendant to fifteen years in prison, a term greater than the presumptive sentence. Defendant did not testify at this sentencing hearing. From the imposition of the fifteen year sentence, defendant appealed.\nAttorney General Lacy H. Thornburg, by Assistant Attorney General W. Dale Talbert, for the State.\nAppellate Defender Adam Stein, by Assistant Appellate Defender Robin E. Hudson, for defendant, appellant."
  },
  "file_name": "0676-01",
  "first_page_order": 710,
  "last_page_order": 712
}