STATE v. DEBIASE

No. COA10-113.

711 S.E.2d 436 (2011)

STATE of North Carolina v. Robert Frank DEBIASE.

Court of Appeals of North Carolina.

May 3, 2011.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Charles E. Reece , for the State.

Duncan B. McCormick , Lillington, for Defendant.


ERVIN, Judge.

Defendant Robert Frank Debiase appeals from a judgment sentencing him to a minimum term of 170 months and a maximum term of 213 months imprisonment in the custody of the North Carolina Department of Correction based on his conviction for second degree murder. On appeal, Defendant contends that he is entitled to a new trial because the trial court erroneously failed to instruct the jury on the lesser-included offense of involuntary manslaughter. After...

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