State v. Farlow

In State v. Farlow, 336 N.C. 534, 540, 444 S.E.2d 913, 917 (1994), the Supreme Court was presented with the question of whether the trial court properly found as an aggravating factor that the victim was very young when defendant committed the offense of taking indecent liberties with the child. The Court stated that the victim was eleven years old and "nothing else appearing as in Sumpter, age alone could not be used to aggravate the sentence for the conviction of taking indecent liberties with children." Id. at 540, 444 S.E.2d at 917. Distinguishing Farlow from Sumpter, the Supreme Court nevertheless concluded that the trial court properly aggravated the defendant's sentence. The Court pointed out that the court did not find the statutory aggravating factor that the victim was "very young." Rather, the trial court found a nonstatutory aggravating factor that defendant's, "actions at the age of the victim in this offense made that victim particularly vulnerable to the offense committed." Id. In addition, the Supreme Court found that evidence of defendant bestowing gifts on the victim supported the aggravating factor of increased vulnerability.