State v. Boyett

DILLON, Judge.

The facts in this case are set forth in this Court’s previous opinion, State v. Boyett,_N.C. App._, 735 S.E.2d 371 (2012), filed 4 December 2012. On 12 June 2013, our Supreme Court allowed the Attorney General’s petition for writ of certiorari “for the limited purpose of remanding to *577the North Carolina Court of Appeals for reconsideration in light of State v. Carter, _ N.C. _, 739 S.E.2d 548 (2013).”

In Defendant’s appeal in this case, Defendant contended the trial court committed plain error by failing to instruct the juiy on attempted second-degree rape and attempted incest…