State v. Bass

*771Because In re Civil Penalty , 324 N.C. 373, 379 S.E.2d 30 (1989), requires that we follow State v. Lee , --- N.C.App. ----, 789 S.E.2d 679 (2016), review allowed , --- N.C. ----, 796 S.E.2d 790 (2017), I believe that we are foreclosed from finding error in (I) the trial court's denial of defendant's request for a no duty to retreat instruction. While, candidly, I tend to agree with the majority's opinion that a new trial is necessary, I see no way in which to distinguish the facts in the instant case from those in Lee and, therefore, disagree with the majority's reasoning that Lee "is not…