A blood test revealed defendant had a blood alcohol concentration of 0.129 grams of alcohol per 100 milliliters of blood. Defendant had been convicted of driving while impaired on 14 July 1994 and was convicted of three driving under the influence offenses on 14 July 1980. Defendant was convicted of the second-degree murder of Barbara Thompson and assault with a deadly weapon inflicting serious injury on Cynthia Thompson and Rebecca Thompson. Defendant was sentenced to 270 months minimum and 333 months maximum for second-degree murder and 58 months minimum and 79 months maximum for each of the assaults. All sentences were in excess of the presumptive sentences allowed under N.C. Gen. Stat.
Defendant raises four issues on appeal.
I. Defendant argues the trial court erred in sentencing by considering an improper aggravating factor. Defendant argues the trial court's consideration of defendant's lack of remorse at the time of the crime violated defendant's state constitutional due process rights and defendant's statutory rights under N.C. Gen. Stat. N.C. Gen. Stat. Well, there were three convictions in 1973. I cannot consider the other ones and I am not considering them.