STATE v. RAINEY

No. COA02-129.

574 S.E.2d 25 (2002)

STATE of North Carolina v. Mikel Olanda RAINEY.

Court of Appeals of North Carolina.

December 3, 2002.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Amy L. Yonowitz, for the State.

Mary March Exum, Hendersonville, for the defendant-appellant.


WYNN, Judge.

Following his conviction on the charge of attempted first-degree murder, defendant Mikel Rainey argues on appeal that the trial court erred by failing to instruct on the lesser-included offenses of (1) assault with a deadly weapon inflicting serious injury, and (2) attempted voluntary manslaughter. We find no error in the failure to instruct on the offense of assault with a deadly weapon inflicting serious injury because that offense is not a lesser-included...

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