STATE OF NORTH CAROLINA
No. 03 CRS 51405-09
03 CRS 2594
CHRISTOPHER DALE RIDLEY,
Attorney General Roy Cooper, by Assistant Attorney General
Benjamin M. Turnage, for the State.
John T. Hall, for defendant.
On 14 July 2003, Christopher Dale Ridley (defendant) entered pleas of guilty to five counts of first degree sex offense and one count of first degree kidnapping. Pursuant to a plea arrangement all counts were consolidated for sentencing. The trial court found one aggravating factor, four mitigating factors, and that the aggravating factor outweighed the mitigating factors. Defendant was sentenced as a prior record level I, and received an aggravated sentence of 300-369 months imprisonment. Defendant appeals.
This case was on direct appeal when the Supreme Court decision in State v. Allen, 359 N.C. 425, 615 S.E.2d 256 (2005) was filed, and is therefore controlled by its holding. The trial court foundthe aggravating factor, without a jury. Under Allen, this matter must be remanded for a new sentencing hearing.
NEW SENTENCING HEARING.
Judges HUDSON and JACKSON concur.
Report per Rule 30(e).
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