STATE v. CLARK

No. COA09-63.

689 S.E.2d 553 (2009)

STATE of North Carolina v. Martina Elizabeth CLARK, Defendant.

Court of Appeals of North Carolina.

December 8, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Tawanda Foster-Williams, for the State.

Richard Croutharmel, for defendant-appellant.


GEER, Judge.

Defendant Martina Elizabeth Clark appeals from her convictions of (1) assault with a deadly weapon on a government official and (2) felony hit and run failure to stop with personal injury. We agree with defendant that the trial court committed plain error with respect to the assault charge in failing to instruct on the lesser included offense of misdemeanor assault on a government official. We, therefore, order a new trial on the assault charge.

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