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STATE OF NORTH CAROLINA v. JAMES MEYNARDIE
No. 446PA05
FILED: 28 JUNE 2007
Sentencing-aggravating factors-position of trust or confidence-insufficient
evidence-remand for resentencing
A first-degree sexual offense case involving the daughter of defendant’s former
girlfriend is remanded for resentencing where the trial court sentenced defendant in the
aggravated range based upon a finding that defendant took advantage of a position of trust or
confidence but the record includes no description of the relationship among defendant, the victim,
and the victim’s mother, and it is unclear what position of trust or confidence may have existed.
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of
the Court of Appeals, 172 N.C. App. 127, 616 S.E.2d 21 (2005), affirming a judgment entered 20
May 2002 by Judge William C. Griffin, Jr. in Superior Court, Beaufort County, but remanding the
case for resentencing after granting defendant’s Motion for Appropriate Relief.  Heard in the
Supreme Court 7 May 2
007lip Opinion
Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy
Attorney General, for the State-appellant.
Daniel F. Read for defendant-appellee.
PER CURIAM
Defendant entered Alford pleas to one charge of first-degree sexual offense and
two charges of indecent liberties with a minor.  The trial court consolidated all three charges into
one judgment and sentenced based upon the most serious charge, the first-degree sexual offense.
This offense involved B.H., the daughter of defendant’s former girlfriend.  The trial court
sentenced defendant in the aggravated range, finding defendant took advantage of a position of
trust or confidence to commit the offense.  Because the record fails to include any description of
the relationship existing among defendant, B.H., and B.H.’s mother at the time of the offense, it is
unclear what position of trust or confidence may have existed.  The matter is remanded to the
Court of Appeals for further remand to the trial court for resentencing, where evidence of the
existence of this and other factors in aggravation may be presented to the jury and factors in
mitigation may be considered by the court.




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AFFIRMED AND REMANDED.

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