Legal Opinion

State v. Guevara

Court of Appeals of North Carolina

Decided March 5, 2019No. COA18-582Published

1Opinion of the Court

STROUD, Judge.

Defendant appeals his judgments for sexually related crimes committed against his stepchild. On or about 4 October 2017, defendant was convicted of indecent liberties with a child, incest with a child, and rape of a child. Defendant appealed and makes one substantive and one procedural argument. Because the trial court correctly allowed expert opinion testimony regarding the child's physical condition and accepted defendant's stipulation of an aggravating factor, we find no error on these issues. But since the aggravating factor was also an element of the crime of incest, it…

2Cases cited5 opinions

  1. State v. AgualloSupreme Court of North Carolina · 1988
  2. State v. MacKeyCourt of Appeals of North Carolina · 2011
  3. State v. HughesCourt of Appeals of North Carolina · 1994
  4. State v. MarlowCourt of Appeals of North Carolina · 2013
  5. State v. CarrCourt of Appeals of North Carolina · 1983

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