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STATE v. SMITH

No. COA02-1363.

589 S.E.2d 739 (2004)

STATE of North Carolina v. Dwayne Anthony SMITH, Defendant.

Court of Appeals of North Carolina.

January 6, 2004.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Thomas B. Wood, for the State.

Daniel Shatz, Durham, for defendant-appellant.

GEER, Judge.

Defendant Dwayne Anthony Smith appeals from his convictions for second-degree kidnapping, assault inflicting serious injury, and communicating threats. Because the trial court instructed the jury as to kidnapping theories not included in the indictment, we vacate defendant's second-degree kidnapping conviction and remand for a new trial. We find defendant's remaining assignments of error to be without merit.

Facts

A. The State...

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