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STATE v. GIBERT

No. COA12-1087.

747 S.E.2d 253 (2013)

STATE of North Carolina v. Alvin GIBERT, Defendant.

Court of Appeals of North Carolina.

August 3, 2013.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Sarah Y. Meacham , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender David W. Andrews , for defendant-appellant.

GEER, Judge.

Defendant Alvin Gibert appeals from his conviction of taking indecent liberties with a child and attempted statutory rape. Defendant's sole argument on appeal is that the indictment for attempted statutory rape was facially defective because it did not allege that he specifically intended to rape a child who was 13, 14, or 15 years old. We hold, however, that the State was permitted to use a short form indictment to charge the crime

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