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STATE v. HENDERSON

No. COA08-1409.

689 S.E.2d 462 (2009)

STATE of North Carolina v. James Bernard HENDERSON, Defendant.

Court of Appeals of North Carolina.

December 8, 2009.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Catherine F. Jordan, for the State.

Russell J. Hollers, III, Durham, for defendant-appellant.

STROUD, Judge.

Defendant was convicted by a jury of rape, burglary, kidnapping, and sexual offense. Defendant appeals, arguing that the trial court erred in sentencing him as a level IV offender. For the following reasons, we remand for resentencing.

I. Background

The State's evidence tended to show that in September of 1999, Lisa returned home from a weekend away and noticed that "[her] lamp wouldn't turn on, and [her] apartment was wet, and [her...

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