STATE v. SMITH

No. 234A08.

669 S.E.2d 299 (2008)

STATE of North Carolina v. Joshua David SMITH.

Supreme Court of North Carolina.

December 12, 2008.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Chris Z. Sinha, Assistant Attorney General, for the State-appellant.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III and Kirby H. Smith, III, New Bern, for defendant-appellee.


BRADY, Justice.

Defendant Joshua David Smith was tried for first-degree rape, first-degree sexual offense, and one count of indecent liberties with a child. The jury acquitted defendant of first-degree rape, but convicted him of first-degree sexual offense, a Class B1 felony, and indecent liberties with a child, a Class F felony. The trial court consolidated the offenses for purposes of sentencing, and sentenced defendant to an active term of imprisonment for 196...

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