STATE v. STORM

No. COA12-1498.

743 S.E.2d 713 (2013)

STATE of North Carolina v. Tyler James STORM.

Court of Appeals of North Carolina.

July 2, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General H. Dean Bowman , for the State.

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


STEELMAN, Judge.

By failing to object to the omission of diminished capacity and voluntary intoxication from the trial court's final mandate to the jury instructions on the charge of murder, defendant failed to preserve this issue for appellate review. The trial court did not commit plain error when it omitted jury instructions on diminished capacity and voluntary intoxication from its final mandate on the charge of murder. The trial court did not abuse its discretion...

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