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STATE v. SWEAT

No. COA11-57.

718 S.E.2d 655 (2011)

STATE of North Carolina v. Timothy Alfred SWEAT, Defendant.

Court of Appeals of North Carolina.

October 18, 2011.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III , by Assistant Attorney General Margaret A. Force , for the State.

Russell J. Hollers III , Carrborro, for defendant-appellant.

STROUD, Judge.

Defendant appeals his convictions for first degree sexual offense and sexual offense with a child arguing that (1) his motion to dismiss should have been granted as there was insufficient evidence of fellatio, and (2) the jury was erroneously instructed on fellatio. We conclude that (1) the trial court properly denied defendant's motion to dismiss as there was sufficient evidence of fellatio, but (2) the jury was erroneously instructed as to two of...

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