Subsequent uncharged criminal conduct cannot be used as a positively aggravating factor in sentencing, but may be used to assess whether the offending was an isolated event relevant to leniency. A sentencing judge's use of the word 'aggravated' in relation to uncharged conduct may give rise to appellable error even where the judge may have intended a permissible use. However, a finding of sentencing error does not require interference with the sentence if the Court on resentencing would impose the same sentence.
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