State v. Carter

BEASLEY, Justice.

In this appeal we consider whether the trial court’s failure to give the jury an instruction on the lesser-included offense of attempted first-degree sexual offense constituted plain error in defendant’s trial for two counts of first-degree sexual offense. This Court concludes that defendant failed to show plain error under the standard we set forth in State v. Lawrence, 365 N.C. 506, 723 S.E.2d 326 (2012). Consequently, we reverse the decision of the Court of Appeals and reinstate the jury’s verdict and the trial court’s judgment.

On 13 October 2008, defendant was indicted in…