State v. Davis ( 1989 )

Justice MARTIN

dissenting in part.

I remain convinced that the dissent in State v. Quesinberry, 319 N.C. 228, 241, 354 S.E. 2d 446, 454 (1987) with respect to the sentencing issue is a correct statement of the law and therefore dissent from that part of the majority opinion awarding defendant a new sentencing hearing. I concur in the remainder of the opinion.

Justices MEYER and MITCHELL join in this dissenting opinion.