State v. Thomas

GEER, Judge.

Defendant Travis Bernard Thomas appeals from the judgments and commitments imposing sentences for second degree kidnapping *524and first degree rape. Defendant primarily argues on appeal that the trial court should have instructed the jury on the offense of assault on a female as a lesser alternative charge to first degree rape as provided in N.C. Gen. Stat. § 15-144.1 (2007). Because the conduct that defendant relies upon as supporting a charge of assault on a female is unrelated to the conduct that gave rise to the first degree rape charge, we hold that the trial court properly,…