State v. Canup

THOMPSON, Judge.

Defendant Scott Canup appeals from a judgment imposing a split active sentence of 150 days and probation of five years for the attempted second degree rape of the prosecutrix. Defendant assigned as error the ruling of the trial court denying his motion to dismiss. We find no error.

In October of 1992 the prosecutrix was 14 years old and in the 9th grade at West Mecklenburg High School. The prosecutrix lived with her parents and her younger sister in Charlotte. Defendant resided two houses away. Defendant was 18 years old and would sometimes come to visit the prosecutrix’s…