State v. Brantley

Judge Walker

concurring in part and dissenting in part.

I concur with the majority’s opinion that defendant knowingly, voluntarily and understandingly waived her rights under Miranda and N.C. Gen. Stat. § 7A-595(a).

*732However, I respectfully dissent from the majority opinion that the trial court erred by failing to instruct the jury on the lesser-included offense of misdemeanor possession of stolen goods.

A trial court is not required to instruct on lesser-included offenses of a crime “when the State’s evidence is positive as to each and every element of the crime charged and there is no…