Can't Use Offense as Agg.

Proof of Element of Offense Not to Be Used for Aggravating Factor - Trial court erred in finding an aggravating factor in defendant's prosecution for second degree sexual offense, G.S.  14-27.5; evidence necessary to prove an element of the offense could not be used to prove any factor in aggravation, G.S. 15A-1340.16(d), and to prove the element of force, the State used the same evidence used to prove that defendant took advantage of a position of trust as an aggravating factor. State v. Corbett, 154 N.C. App. 713, 573 S.E.2d 210 (2002).