State v. Jackson
State v. Jackson
Opinion of the Court
Defendant pled guilty to the second degree murder of Lois Tyson and was sentenced to a prison term of forty years. The sentence greatly exceeds the presumptive term and he contends that in arriving at it the court committed two errors, one of which was finding as a non-statutory factor in aggravation that the killing had been planned for two months and was premeditated. The finding, so he argues, is not supported by evidence or if it is it is the same evidence upon which another aggravating factor is based — that defendant induced Jerry Wayne Martin to conspire with him to murder Tyson. Neither prong of the argument has merit. Apart from the evidence that defendant hired Jerry Wayne Martin to kill Tyson and then later instructed him not to, there was evidence that he told others of his plan to kill Tyson before he got in touch with Jerry Wayne Martin, and the autopsy shows that the killing was by strangulation, which requires persistent effort over a period of several minutes.
The court’s other error, so defendant maintains, was in receiving the out-of-court statements of the victim’s two sisters. The statements were on Victim Impact Statement forms supplied to them by the Pitt County Sheriffs Department and on them each sister described the sadness and shock she experienced
Affirmed.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA v. FERNANDO SCOTT JACKSON
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Criminal Law 138.16, 138.29 — aggravating factors — killing premeditated-inducement of another to participate Evidence was sufficient to support the trial court's finding as a nonstatutory factor in aggravation that a second degree murder had been planned for two months and was premeditated, and the same evidence was not used as a basis for the finding that defendant induced another to conspire with him in the murder, where there was evidence that defendant hired the third person to kill the victim and then later instructed him not to; defendant told others of his plan to kill the victim before he got in touch with the third person; and the autopsy showed that the killing was by strangulation, which required persistent effort over a period of several minutes.Page 125 2. Criminal Law 138.6 — sentence — no consideration given to victim's relatives' thoughts on sentence Receiving the thoughts of a victim's relatives as to the sentence which should be entered, though harmless in this case, is a practice which is not encouraged. N.C.G.S. 15A-825(9). 3. Criminal Law 138.6 — sentence — victim impact statements — procedure for receiving There was no merit to defendant's contention that victim impact statements should not be received unless preceded by live testimony.