State v. Oxendine

TIMMONS-GOODSON, Judge.

Jimmy Ray Oxendine (“defendant”) appeals from his convictions of two counts of attempted first-degree rape and two counts of second-degree kidnapping. For the reasons stated herein, we vacate in part the judgment of the trial court.

The State presented evidence at trial tending to show the following: On the afternoon of 9 June 2000, defendant appeared at the rear door of the Concord, North Carolina, residence of Melinda Arnett (“Arnett”), and requested a cup of sugar. Arnett, who was home at the time with her two young children, knew defendant as the boyfriend of her…