State v. Grier

STATE OF NORTH CAROLINA,

v.

TREVELL ANDREW GRIER, Defendant.

No. COA09-359.

Court of Appeals of North Carolina.

Filed: February 2, 2010.

This case not for publication

Attorney General Roy A. Cooper, III by Assistant Attorney General Brian R. Berman, for the State.

Mary McCullers Reece, for defendant-appellant.

STROUD, Judge.

Defendant was convicted by a jury of assault by strangulation. Defendant appeals, arguing that "the trial court committed plain error in failing to submit the lesser included offense of simple assault to the jury[.]" For the following reasons, we find no error.

I. Background

The…