State v. Sweat, 216 N.C. App. 321 (Oct. 18, 2011)

aff’d in part, rev’d in part, 366 N.C. 79 (Jan. 1, 2012)

In a case in which there was a dissenting opinion, the court held that the trial court did not err with respect to instructions on two counts because the jury could properly have found either anal intercourse or fellatio and was not required to agree as to which one occurred.