State v. Manley

GREENE, Judge.

This appeal arises from defendant’s convictions of first-degree rape, first-degree sexual offense, and taking indecent liberties with a child. On appeal, defendant argues the trial court should have arrested either the sex offense or indecent liberties count and that its failure to do so resulted in defendant’s conviction of two crimes with the same elements which contravenes his constitutional protection against double jeopardy.

In State v. Etheridge, 319 N.C. 34, 50, 352 S.E.2d 673, 683 (1987), our Supreme Court stated:

Both the fifth amendment to the United States Constitution…