STATE v. EDGERTON

No. COA13-1235.

759 S.E.2d 669 (2014)

STATE of North Carolina v. Howard Junior EDGERTON.

Court of Appeals of North Carolina.

June 17, 2014.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Teresa M. Postell , for the State.

Michael E. Casterline , Asheville, for defendant-appellant.


HUNTER, JR., ROBERT N., Judge.

Howard Junior Edgerton ("Defendant") appeals from a 21 March 2013 judgment sentencing him as a level VI offender for violating a domestic violence protective order ("DVPO") with a deadly weapon. Defendant argues that the trial court erred by failing to instruct the jury on the lesser-included misdemeanor offense of violation of a DVPO. We agree and order a new trial.

I. Facts & Procedural History

Defendant was indicted...

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