Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Harding, 258 N.C.App. 306, 813 S.E.2d 254 (Mar. 6, 2018)
In this kidnapping and sexual assault case, the court held that by failing to object and raise a constitutional double jeopardy argument in the trial court, it was waived on appeal. The defendant tried to assert on appeal that the trial court violated double jeopardy by sentencing him for both kidnapping and sexual offense. The court declined to invoke Rule 2 of the Rules of Appellate Procedure to address the merits of the defendant’s unpreserved constitutional argument.