State v. Harris

BRYANT, Judge.

Where exceptional circumstances do not exist to justify suspending our Rules of Appellate Procedure and reaching an issue pursuant to Rule 2, we will not address defendants’ argument. Where the trial court’s jury instructions clearly required that the State prove defendants were the perpetrators of the crimes charged, we find no plain error by the trial court’s failure to give a specific instruction regarding identity. Where there is no such offense as “aggravated common law robbery” in North Carolina, we find no plain error in the trial court’s failure to give such an…