By North Carolina Judicial Branch
State v. Soe
trial court did not plainly err in failing to instruct on lesser included offense of common law robbery in trial of conspiracy to commit armed robbery because there was evidence of use of weapon in robbery; defendant thus did not receive ineffective assistance of counsel because of counsel's failure to request instruction unsupported by the evidence
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Summary
trial court did not plainly err in failing to instruct on lesser included offense of common law robbery in trial of conspiracy to commit armed robbery because there was evidence of use of weapon in robbery; defendant thus did not receive ineffective assistance of counsel because of counsel's failure to request instruction unsupported by the evidence