STATE v. BREATHETTE

No. COA09-1007.

690 S.E.2d 1 (2010)

STATE of North Carolina v. Yasmin Pecolia BREATHETTE, Defendant.

Court of Appeals of North Carolina.

March 2, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Kathleen N. Bolton, for the State.

Mark Montgomery, Durham, for defendant-appellant.


ROBERT C. HUNTER, Judge.

Defendant Yasmin Pecolia Breathette appeals her convictions for taking indecent liberties with a minor. Defendant argues on appeal that the trial court erred by not giving the jury her requested instruction that mistake of age is a valid defense to the offense of indecent liberties. We conclude that mistake of age is not a defense applicable to the charge, and, therefore, the trial court properly refused to instruct the jury on the defense...

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