State v. Brito

STATE OF NORTH CAROLINA

v.

JOSE MARTINEZ BRITO

No. COA08-330

Court of Appeals of North Carolina.

Filed December 16, 2008

This case not for publication

Attorney General Roy Cooper, by Assistant Attorney General R. Kirk Randleman, for the State.

Duncan B. McCormick, for defendant-appellant.

STEELMAN, Judge.

Where the State presented substantial evidence of each element of the indecent liberties and first-degree sexual offense charges, the trial court did not err in denying defendant's motion to dismiss the charges and submitting the case to the jury. The trial court did not err in failing to find any…