STATE v. THOMAS

No. COA08-515.

676 S.E.2d 56 (2009)

STATE of North Carolina v. Travis Bernard THOMAS, Defendant.

Court of Appeals of North Carolina.

May 5, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Joyce S. Rutledge, for the State.

Robert W. Ewing, Clemmons, for defendant-appellant.


GEER, Judge.

Defendant Travis Bernard Thomas appeals from the judgments and commitments imposing sentences for second degree kidnapping and first degree rape. Defendant primarily argues on appeal that the trial court should have instructed the jury on the offense of assault on a female as a lesser alternative charge to first degree rape as provided in N.C. Gen.Stat. § 15-144.1 (2007). Because the conduct that defendant relies upon as supporting a charge of assault...

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