State v. SmithAnnotate this Case
The Supreme Court modified and affirmed the decision of the court of appeals upholding Defendant's convictions for two counts of engaging in sexual activity with a student, holding that Defendant sufficiently preserved for appellate review whether the State presented sufficient evidence of each element of the crime for which he was convicted, but, nonetheless, the trial court properly denied Defendant's motion to dismiss.
On appeal, Defendant argued that the trial court erred in denying his motion to dismiss based on insufficient evidence, arguing that the evidence at trial did not establish that he was a "teacher" within the meaning of N.C. Gen. Stat. 14-27.7(b). The court of appeals concluded that Defendant had failed to preserve his arguments for appellate review. The Supreme Court affirmed as modified, holding (1) Defendant sufficient preserved for appellate review all sufficiency of the evidence issues through his motion to dismiss at trial; and (2) Defendant fell within the "teacher" category under the statute.