An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA02-857

NORTH CAROLINA COURT OF APPEALS

Filed: 18 February 2003

STATE OF NORTH CAROLINA

         v.                        Forsyth County
                                No. 94 CRS 30503
ARTHUR EDWARD BALDWIN, Jr.
    

    Appeal by defendant from judgment entered 18 March 2002 by Judge William Z. Wood, Jr. in Forsyth County Superior Court. Heard in the Court of Appeals 20 January 2003.

    Attorney General Roy Cooper, by Assistant Attorney General Christopher W. Brooks, for the State.

    Allen W. Boyer for defendant appellant.

    Per Curiam.

    Arthur Edward Baldwin, Jr. (“defendant”) appeals from a judgment entered by the trial court on remand from our decision in State v. Baldwin, 139 N.C. App. 65, 532 S.E.2d 808 (2000), disc. review improvidently allowed, 354 N.C. 208, 552 S.E.2d 141 (2001), re-sentencing defendant to forty-years' imprisonment for second- degree murder. Because defendant committed the murder on 28 June 1994, the Fair Sentencing Act applies. See N.C. Gen. Stat. § 15A- 1340.10 (2001).
    The re-sentencing hearing was held on 18 March 2002. After hearing the evidence and arguments of the parties, the trial court found two aggravating factors and four mitigating factors. In opencourt, the trial court stated that “[t]he factors in aggravation outweigh the factors of mitigation.” However, the written judgment signed on 18 March 2002 by Judge William Z. Wood, Jr. stated that the “factors in mitigation outweigh the factors in aggravation.” Defendant was sentenced to forty years, which exceeds the presumptive sentence.
    Because of the inconsistencies between the trial court's oral statements, the written statements, and the sentence imposed, we vacate the sentence and remand to the trial court for further proceedings.
    Vacated and remanded.
    Panel Consisting of:
    TIMMONS-GOODSON, TYSON, BRYANT
    Report per Rule 30(e).

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