concurring in result.
The Court rejects defendant’s argument based upon Mills v. Maryland, 486 U.S. ---, 100 L.Ed. 2d 384 (1988), for the reasons expressed by the majority of this Court in State v. McKoy, 323 N.C. 1, 372 S.E. 2d 12 (1988). I did not join the Court’s decision in McKoy and I believe that it was wrongly decided. I therefore do not agree with the majority’s rejection of defendant’s argument based on the Mills issues for “the reasons expressed in State v. McKoy.” I do agree with the Court’s conclusion that this case does not rise to the level of those murder cases in which we have approved the death sentence upon proportionality review. Therefore, I concur with the majority in vacating the death sentence and sentencing defendant to life imprisonment.
Chief Justice EXUM joins in this concurring opinion.