State v. McNeil

Justice Frye

dissenting as to sentence.

For the reasons expressed in the Chief Justice’s dissenting opinions in State v. McKoy, 323 N.C. 1, 372 S.E. 2d 12 (1988), and in State v. Allen, 323 N.C. 208, 372 S.E. 2d 855 (1988), I believe the United States Supreme Court’s decision in Mills v. Maryland, 486 U.S. ---, 100 L.Ed. 2d 384 (1988), requires that defendant be given a new sentencing hearing. Accordingly, I dissent from that *63portion of the Court’s opinion which rejects defendant’s argument based upon the holding of Mills. I concur in the result reached by the majority on the guilt phase issues.