Monday, April 14, 2014

NC Supreme Court Criminal Decisions, April 11, 2014

State v. Barnes. Per curiam affirmed, Wayne County, Christopher Barnes. (unpublished COA decision, no legal affect).

State v. Stokes.  Appeal of unanimous unpublished decision of COA vacating conviction for kidnapping.

COA erred in failing to determine, when vacating kidnapping for insufficient evidence, if there was sufficient evidence for a lesser included offense. If so, they should remand on judgment for that offense. Because there was sufficient evidence of attempted 2d kidnapping, reverse for entry of judgment and resentencing on lesser included of attempted 2d kidnapping.

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