State v. Jones

McCullough, Judge.

On 4 February 2010, a jury convicted defendant Levy Jones III (“defendant”) of misdemeanor breaking and entering, assault on a female, and assault on a child under the age of twelve years. On appeal, defendant contends the trial court committed plain error in allowing photo identification evidence, alleging that such evidence violated his right to due process. Defendant also contends he was denied effective assistance of trial counsel. We find no error.

I. Background

On 8 September 2008, Phyllis Ore (“Ore”) was living in a house in Hamilton, North Carolina, with her five…