STATE v. CARTER

No. 507PA11.

739 S.E.2d 548 (2013)

STATE of North Carolina v. David Allen CARTER.

Supreme Court of North Carolina.

April 12, 2013.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Anne M. Middleton , Assistant Attorney General, for the State-appellant.

Mark Montgomery , Durham, for defendant-appellee.


BEASLEY, Justice.

In this appeal we consider whether the trial court's failure to give the jury an instruction on the lesser-included offense of attempted first-degree sexual offense constituted plain error in defendant's trial for two counts of first-degree sexual offense. This Court concludes that defendant failed to show plain error under the standard we set forth in State v. Lawrence, 365 N.C. 506, 723 S.E.2d 326 (2012...

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