State v. Holloway, ___ N.C. App. ___, 793 S.E.2d 766 (Dec. 6, 2016)

In this drug case, the trial court committed plain error by instructing the jury on the theory of acting in concert. The State presented no evidence that the defendant had a common plan or purpose to possess the contraband with his alleged accomplice, McEntire. At most, the evidence showed that the two were acquainted and the defendant was present when the drugs were found at McEntire’s home. Mere presence at the scene of a crime however is insufficient where the State presented no evidence that the two shared any criminal intent.