No. COA15-626.

789 S.E.2d 880 (2016)

STATE of North Carolina v. Curtis Ray GATES, Jr., Defendant.

Court of Appeals of North Carolina.

August 2, 2016.

Attorney(s) appearing for the Case

Attorney General, Roy Cooper , by Assistant Attorney General, Torrey D. Dixon , for the State.

Paul F. Herzog , Fayetteville, for Defendant-appellant.

Curtis Ray Gates, Jr. ("Defendant") appeals his convictions for second-degree sex offense and breaking or entering. We vacate and remand for entry of judgment convicting him of attempted sexual offense and breaking or entering because the indictment charging Defendant alleged only an attempted and not a completed sex offense. We also...

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