State v. Newton

Judge ARNOLD

concurring in part and dissenting in part.

I dissent only to the majority’s holding that it was error to find that the offense here was especially heinous, atrocious and cruel. Under the standard set out in State v. Blackwelder, 309 N.C. 410, 306 S.E. 2d 783 (1983), I would find no error in the trial court’s finding that the crime was especially heinous, atrocious and cruel.