STATE v. WARE

No. COA96-290.

482 S.E.2d 14 (1997)

STATE of North Carolina v. Fred Thomas WARE.

Court of Appeals of North Carolina.

March 18, 1997.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General E. Burke Haywood, for State.

Harrington, Ward, Gilleland & Winstead by Eddie S. Winstead III, Sanford, for defendant-appellant.


EAGLES, Judge.

The sole issue raised by defendant here on appeal is whether he was afforded effective assistance of counsel at trial. Defendant argues that he was not afforded effective assistance of counsel because his counsel conceded, contrary to defendant's own trial testimony, that defendant must be guilty of two lesser included charges. The following statements by defense counsel form the primary basis of defendant's objection:

These sexual acts were...

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