MR. LLOYD: If we could just have a moment with Mr. Kimble?

THE COURT: The one is automatic, of course, but there are two other offenses that we'll need to sentence on.

MR. LLOYD: We're ready to proceed, Your Honor.

THE COURT: As far as sentencing purposes, the State?

MR. PANOSH: Your Honor, we'll submit a work sheet which indicates defendant is at prior record level one. As to the arson, it's a Class D. You need a -- I believe it's the green one. If I can hand it up?

THE COURT: Please.

It's the blue one, isn't it?

12/1/95. It was October, wasn't it?

MR. PANOSH: I'm sorry. You're right.

THE COURT: Blue sheet. Events occurred prior to December 1st.

3149

MR. PANOSH: Yes, sir.

The arson, as I said, is a Class D. Under 14-2, conspiracy to commit first-degree murder is a H2.

THE COURT: All right. Defense wish to be heard in regard to those two possible sentences?

MR. LLOYD: Your Honor, just very briefly. I don't think there's anything that -- certainly that I could add personally that Your Honor hadn't already seen from the witness stand. I would reiterate the fact that Ronnie has absolutely no record. That is unusual. And we would ask for a sentence in the presumptive range. And if Your Honor would consider it, Your Honor, we would also ask for -- basically for a concurrent sentence. I think a sentence of life without parole is exactly what it says it is, and he's never going to get out, so I don't think it will make any difference.

That's all I have to say. Thank you, Judge.

THE COURT: State wish to be heard on that?

MR. PANOSH: No, Your Honor.

THE COURT: Okay. If you'll stand up,

Mr. Kimble. The defendant, Ronnie Kimble, having been_ convicted of murder in the first-degree by the unanimous verdict of a duly impaneled jury of Guilford County citizens in this session of Superior Court of Guilford County, and the jury having unanimously recommended life

3150

in prison without the benefit of parole, it is therefore ordered and adjudged that the defendant, Ronnie Lee Kimble, be and is hereby sentenced to life in prison without benefit of parole, and the sheriff of Guilford County, North Carolina, in whose custody the defendant now is, shall forthwith deliver said prisoner to the warden of the state penitentiary in Raleigh, North Carolina, and said warden shall cause the said prisoner to be incarcerated for the rest of his natural life.

As to the offense of first-degree arson, the Court finds this is a Class D felony, he's a level one, and has no prior points, and the Court will sentence him in the presumptive range, making no findings of aggravating or mitigating factors. The judgment of the Court is he be imprisoned assigned to work under the supervision of the State Department of Correction for a minimum period of 55 months and a maximum period of 75 months. This sentence to run at the expiration of the sentence of life imprisonment the Court has previously imposed. Give him credit for any time he's spent in custody awaiting trial.

As to conspiracy to commit murder, Class D2 felony, and again a level one punishment. And the judgment of the Court is he be imprisoned assigned to work under the supervision of the State of Department of

3151

Correction for a minimum period of 135 months and a maximum period of 171 months. This sentence to run at the expiration of that sentence previously imposed with regard to first-degree arson. Again, give him credit for any time he's spent in custody awaiting trial.

Court recommends he be placed on suicide watch; that the Department of Correction be placed on notice that he may have those type tendencies and take whatever steps are necessary to see that he is secure and safe. The Court will also notify the Department of Correction that this defendant is manipulative and the image that he presents is sometimes not the person he actually is and the Department of Correction should be on guard and aware that he may exhibit these types of behavior. And be incarcerated for the rest of his life. Take him.

MRS. EDNA KIMBLE: Your Honor, may I hold and kiss him good-bye?

THE COURT: No, ma'am. There will be time for that down at the jail.

MR. HATFIELD: Stand up when you address the Court.

MRS. EDNA KIMBLE: Will they let me see him off?

THE COURT: I'll instruct the officers to give you a chance to talk with him.

MRS. EDNA KIMBLE: Will I be able to hold him?

3152

THE COURT: I doubt that, ma'am. They have rules and regulations. You'll have a chance to confer with him before he's shipped out.

Any other matters for the Court's attention?

MR. PANOSH: No, Your Honor.

MR. LLOYD: No, Your Honor.

THE COURT: Recess.