State v. Hunt

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 and in *439State 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 defendants be given new sentencing hearings. Accordingly, I dissent from that portion of the Court’s opinion which rejects defendants’ arguments based upon the holding of Mills. I concur in the result reached by the majority on the guilt phase issues.