State v. McCoy

HUNTER, JR., Robert N., Judge.

Daniel Richard McCoy ("Defendant") appeals from a 4 February 2016 judgment entered after a jury convicted him of first-degree sex offense with a child and indecent liberties with a child. Defendant primarily argues the trial court committed plain error in failing to instruct the jury on the offense for which Defendant was indicted. Even though Defendant was charged with First-degree sex offense with a child under N.C. Gen. Stat. § 14-27.4(a)(1), the body of the indictment alleges the elements for Sexual offense with a child, adult offender under N.C. Gen. Stat. §…