State v. Stone

Chief Judge VAUGHN

dissenting.

I do not agree that Aheam requires us to, once more, remand this case for resentencing. I would affirm the judgment.

The majority has found, and correctly so, that there is no error in the Court’s findings of aggravating and mitigating factors in either case. The only aggravating factors found are prior convictions for serious crimes and they would be proper aggravating factors in sentencing for any crime. The cases were consolidated for judgment and a single sentence within lawful limit was imposed. In Aheam, separate sentences were imposed for felonious child abuse and voluntary manslaughter. A single set of aggravating and mitigating factors was found. Some of the findings were improper on the child abuse charge (for* example, that the of*421fense was especially heinous, atrocious or cruel) but were appropriate on the voluntary manslaughter charge. The Court found both aggravating and mitigating factors that were inappropriate on either count. In the case before us, however, there is no error in the finding of aggravating or mitigating factors with respect to either of the crimes. We do not, therefore, need the “option of affirming judgment for one offense while remanding for resentenc-ing only the offense in which error is found.” Ahearn at 598, 300 S.E. 2d at 698.