State v. Carter
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree sexual offense based on insertion of male sex organ into the mouth of the alleged victim and first-degree sex offense based on insertion of the male sex organ into the anus of the alleged victim. The court of appeals (1) held that there was no error with respect to the first offense, and (2) held that the trial court's failure to give an instruction on the lesser-included offense of attempted first-degree sexual offense was plain error and granted a new trial with respect to the second offense. The Supreme Court reversed the court of appeals and reinstated the trial court's judgment, holding that Defendant failed to show plain error under the standard set forth in State v. Lawrence.
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