State v. Crane, ___ N.C. App. ___, ___ S.E.2d ___ (Jan. 7, 2020)

The defendant was convicted of impaired driving in Macon County and appealed. The defendant was driving a moped and collided with a car. A trooper responded, investigating and preparing a crash report (and later charging the defendant). At trial, the trooper testified during cross-examination by the defense about his investigation into the accident, recounting his impression of when and how the crash occurred without objection. The defendant complained on appeal that this testimony amounted to improper lay opinion since the trooper did not see the accident occur and was not tendered as an expert. Because no objection was made at trial, the defendant claimed plain error. The State argued that the defendant invited any error, and the Court of Appeals agreed. “Statements elicited by a defendant on cross-examination are, even if error, invited error, by which a defendant cannot be prejudiced as a matter of law.” Because this testimony was elicited by the defendant, any appellate review of the issue (including plain error review) was waived. The trial court was therefore unanimously affirmed.