State v. Kennedy

STATE OF NORTH CAROLINA

v.

NICHOLAS ANTONIO KENNEDY.

No. COA08-877

Court of Appeals of North Carolina

Filed May 5, 2009

This case not for publication

Attorney General Roy Cooper, by Assistant Attorney General David Gordon, for the State.

Russell J. Hollers, III, for defendant-appellant.

STEELMAN, Judge.

The trial court did not commit plain error in instructing the jury on the elements of felonious child abuse pursuant to N.C. Gen. Stat. § 14-318.4(a). The trial court did not commit plain error when it allowed the admission of defendant's prior assault conviction into the evidence.

I. Factual and…