STATE v. COLEMAN

No. COA12-946.

742 S.E.2d 346 (2013)

STATE of North Carolina v. Anthony COLEMAN.

Court of Appeals of North Carolina.

May 21, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General J. Joy Strickland , for the State.

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


BRYANT, Judge.

Where the trial court failed to adequately instruct the jury on the law as it applied to the material facts of this case, we hold the failure amounts to plain error. Defendant is entitled to a new trial.

On 25 November 2009, defendant was stopped by officers with the Charlotte-Mecklenburg Police Department for a traffic violation. When questioned as to whether he had any drugs or weapons in the vehicle, defendant acknowledged carrying marijuana...

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