This post summarizes the published criminal opinions from the North Carolina Supreme Court released on May 23, 2025. Jury instruction on various alternative acts that could establish a single sexual offense was sufficiently clear to provide adequate constitutional certainty as to the unanimity of the verdict and did not amount to plain error. State v. Bowman, No. 49A24, ___ N.C. ___ (May 23, 2025). This Durham County case arose from a 2019 incident in which the victim alleged that the defendant penetrated her anally with his fingers and penis and forced her to perform oral sex. Those acts resulted in multiple charges, including two charges of first-degree forcible sexual offense. The indictments for those charges did not differentiate between the alleged acts, stating only that the defendant “feloniously engage[d] in a sex offense” with the victim. Without objection from the defendant, the trial court instructed the jurors once on first-degree forcible sexual offense, stating that a sexual act means fellatio, anal intercourse, and penetration of the anal opening by an object. The jury returned guilty verdicts on both first-degree forcible sexual offense charges and the judge imposed a 365–498 month consolidated sentence. On appeal, the defendant argued that the trial court erred in instructing the jury on only one count of first-degree forcible sexual offense. The Court of Appeals majority agreed, concluding that a new trial was required because it was not possible to match the jury’s verdict of guilty with the multiple acts committed against the victim, jeopardizing the defendant’s [...]
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