STATE v. FUTRELL

No. 9210SC286.

436 S.E.2d 884 (1993)

STATE of North Carolina, v. Eric FUTRELL, Defendant.

Court of Appeals of North Carolina.

December 7, 1993.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Valerie B. Spalding, Raleigh, for the State.

John T. Hall, Raleigh, for defendant-appellant.


JOHN, Judge.

Defendant appeals his conviction and sentence on one count of second degree rape and one count of assault on a female. He asserts the trial court erred by: 1) admitting certain fingerprint and DNA evidence; 2) denying his motion to dismiss at the close of all the evidence; and 3) finding duplicitous aggravating factors. We agree in part and remand the charge of second degree rape for resentencing.

At trial, the State's evidence included the following...

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