State v. Thomas

HUNTER, Judge.

James Earl Thomas (“defendant”) appeals from a judgment entered 30 August 2006 pursuant to a jury verdict finding him guilty of first degree rape in violation of N.C. Gen. Stat. § 14-27.2(a)(l) (2005). Defendant was sentenced to a minimum of 384 months’ and a maximum of 470 months’ imprisonment. After careful consideration, we find that defendant’s trial was free from error.

The State presented evidence that tended to show that the victim, referred to as “BH” in this opinion, was spending the night at a friend’s house. BH was sleeping on the floor next to her friend, TD, when…