{
  "id": 4149713,
  "name": "STATE OF NORTH CAROLINA v. DEVOZEO DEMONTRA PERSON",
  "name_abbreviation": "State v. Person",
  "decision_date": "2008-06-12",
  "docket_number": "No. 2A08",
  "first_page": "340",
  "last_page": "341",
  "citations": [
    {
      "type": "official",
      "cite": "362 N.C. 340"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "653 S.E.2d 560",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "case_ids": [
        12639969
      ],
      "year": 2007,
      "opinion_index": -1,
      "case_paths": [
        "/se2d/653/0560-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T21:47:03.529976+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. DEVOZEO DEMONTRA PERSON"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nFor the reasons given in the dissenting opinion, we reverse the decision of the Court of Appeals as to the appealable issue of right, that is whether defendant is entitled to a new trial on the charge of first-degree rape by acting in concert. As to that matter, the Court of Appeals is instructed to reinstate the judgment of the trial court. The remaining issues addressed by the Court of Appeals are not properly before this Court and its decision as to these issues remains undisturbed.\nREVERSED IN PART.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Roy Cooper, Attorney General, by K.D. Sturgis, Assistant Attorney General, for the State-appellant.",
      "Kevin R Tally, Public Defender, by Julie Ramseur Lewis, Assistant Public Defender, for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. DEVOZEO DEMONTRA PERSON\nNo. 2A08\n(Filed 12 June 2008)\nRape\u2014 erroneous instruction \u2014 not plain error\nA Court of Appeals decision granting defendant a new trial on a charge of first-degree rape based on acting in concert with another person because of the trial court\u2019s erroneous instruction referring to guilt both as a principal and by acting in concert is reversed for the reason stated in the dissenting opinion that the instruction did not constitute plain error.\nAppeal pursuant to N.C.G.S. \u00a7 7A-30(2) from the decision of a divided panel of the Court of Appeals, 187 N.C. App.-, 653 S.E.2d 560 (2007), finding no prejudicial error in part in a trial which resulted in judgments entered 2 March 2006 by Judge Jesse B. Caldwell, III in Superior Court, Mecklenburg County, but remanding in part for entry of judgment and resentencing on one count each of second-degree rape and second-degree sexual offense and ordering a new trial for defendant on the charge of first-degree rape by acting in concert with someone else. Heard in the Supreme Court 7 May 2008.\nRoy Cooper, Attorney General, by K.D. Sturgis, Assistant Attorney General, for the State-appellant.\nKevin R Tally, Public Defender, by Julie Ramseur Lewis, Assistant Public Defender, for defendant-appellee."
  },
  "file_name": "0340-01",
  "first_page_order": 418,
  "last_page_order": 419
}