State v. Gillespie, 209 N.C. App. 746

Defendant Gillespie stabbed Linda Faye Patterson Smith; Smith found dead in bathtub with 33 stab wounds.
Defendant waived Miranda rights and gave a statement claiming self-defense during a struggle over a knife.
Charged with first-degree murder; the State alleged aggravating factor that the offense was especially heinous, atrocious, or cruel.
Superseding indictment led to reversal of the first trial; on remand Gillespie pled guilty to second-degree murder.
The State and defense stipulated to the aggravating factor and a non-statutory mitigating factor; trial court found additional mitigators including acceptance of responsibility, community support, employment history, treatment prognosis, and good prison behavior.
Trial court weighed aggravating factor against multiple mitigating factors and sentenced Gillespie to an aggravated-range term of 237–294 months; defendant appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentencing court abused discretion in weighing aggravating vs. mitigating factors.	Gillespie contends court misweighed factors due to charge reduction.	Gillespie asserts reduced culpability should not drive an aggravated sentence.	No abuse of discretion; one aggravator outweighed multiple mitigators.
Whether consideration of charge reduction invalidates the aggravated sentence.	Gillespie argues reduction to second-degree shows improper weighting.	Weighting properly varied by court; consideration justified by stipulations and factors.	Proper weighing of factors; not reversible error.

State v. Rogers, 157 N.C.App. 127, 577 S.E.2d 666 (2003) (weight of aggravating and mitigating factors reviewed for abuse of discretion)
State v. Parker, 315 N.C. 249, 337 S.E.2d 497 (1985) (one aggravating factor may outweigh several mitigating factors when warranted)
State v. Davis, 58 N.C.App. 330, 293 S.E.2d 658 (1982) (trial court's weight determination within discretionary domain)