State v. Kivett

WHICHARD, Justice.

Defendant was charged in an indictment, proper in form, with engaging in a sex offense with his four-year-old nephew in violation of N.C.G.S. § 14-27.4. The jury returned a verdict of guilty, and the trial court imposed the mandatory life sentence. N.C.G.S. §§ 14-27.4, -1.1(2) (1986). We find no error.

Defendant was living with his sister, the mother of the victim. The victim testified that defendant came into the victim’s room, cut the victim’s pants, and “[p]ut his pee pee in [the victim’s] butt.” The victim told defendant three times to stop, but he did not. Instead, when…