# State v. Spears

> Court of Appeals of North Carolina · October 16, 1984 · 70 N.C. App. 747

URL: https://www.frixlaw.com/law-library/cases/8907256

## Case

- **Full name:** STATE OF NORTH CAROLINA v. MARK A. SPEARS
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 16, 1984
- **Citations:** 70 N.C. App. 747; 321 S.E.2d 13; 1984 N.C. App. LEXIS 3891
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wells
- **Judges:** Arnold, Hill, Wells
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8907256

## Opinion text

Judge WELLS
concurring in part and dissenting in part.
I concur with the majority that there was no error in the trial.
I dissent from the majority on the issue of sentencing. I am persuaded that defendant’s actions in rendering aid to his victim required the finding of that mitigating factor. First, the evidence clearly established that defendant rendered aid to his victim. Second, such conduct should be encouraged in the sentencing process and is therefore reasonably related to the purpose of sentencing.
Should it be finally determined that trial courts are not required to find a mitigating factor of rendering aid to a victim by a perpetrator as a non-statutory factor, where the evidence supports such a finding, I would urge legislative consideration of making such circumstances a statutory mitigating factor.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8907256. Public record. Not legal advice.