State v. Aguallo

FRYE, Justice.

Defendant’s appeal of his conviction and resulting sentence of life imprisonment reaches this Court for a second time. Defendant’s first appeal resulted in a new trial. See State v. Aguallo, 318 N.C. 590, 350 S.E. 2d 76 (1986). A thorough review of the record and assignments of error reveals that defendant’s second trial was free of error.

We need only repeat those facts that are necessary to dispose of the case on this appeal. The State presented evidence which tended to show that defendant had vaginal intercourse with his stepdaughter, age nine, on 12 December 1984. During the…