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STATE v. BOYD

No. COA10-1072.

714 S.E.2d 466 (2011)

STATE of North Carolina v. Bryant Lamont BOYD.

Court of Appeals of North Carolina.

August 2, 2011.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General David L. Elliott and Agency Legal Specialist Brian C. Tarr , for the State.

Appellate Defender Staples S. Hughes , by Assistant Appellate Defender Andrew DeSimone , for Defendant-appellant.

HUNTER, JR., ROBERT N., Judge.

Bryant Lamont Boyd ("Defendant") appeals from his convictions for first degree burglary, second degree kidnapping, sexual battery, and attaining habitual felon status. Defendant alleges the trial court erred by (1) instructing the jury on a theory of second degree kidnapping that was not charged in the indictment or supported by evidence; (2) instructing the jury on a theory of sexual battery Defendant claims was unsupported by evidence...

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