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  5. 730 S.E.2d 193 (2012)
 

STATE v. BOYD

No. COA10-1072-2.

730 S.E.2d 193 (2012)

STATE of North Carolina v. Bryant Lamont BOYD.

Court of Appeals of North Carolina.

August 7, 2012.

Attorney(s) appearing for the Case

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

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

HUNTER, JR., ROBERT N., Judge.

Bryant Lamont Boyd ("Defendant") appealed from his sexual battery, and attaining habitual felon status. The case was originally heard before this Court on 10 March 2011. See State v. Boyd, ___ N.C.App. ___, ___, 714 S.E.2d 466, 468 (2011). Defendant alleged 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...

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