Heard in the Court of Appeals October 7, 2014
As Corrected February 13, 2015.
Attorney General Roy A. Cooper, III, by Assistant Attorney General Sherri Horner Lawrence, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate Defender Jon H. Hunt, for Defendant-appellant.
DILLON, Judge. Judge HUNTER, Robert C. and Judge DAVIS concur.
Appeal by Defendant from judgments entered 30 August 2013 by Judge W. Douglas Parsons in Sampson County Superior Court, Nos. 12CRS1246, -51356.
James Earl Parker, Jr. (" Defendant" ) appeals from his conviction for first-degree kidnapping. For the following reasons, we vacate Defendant's conviction.
The State's evidence tended to show that
on the evening of 27 October 2009, Kelly was walking from a park through a field to a laundromat in Clinton to use the bathroom. As Kelly was walking, Defendant grabbed her from behind by the back of her neck, pulled her behind a storage building located at the edge of the field, and threw her to the ground beside some bushes and a fence.
When Kelly fell, she hit her head on the fence. Defendant forced himself on Kelly, penetrating her vaginally, and forcing her to perform oral sex on him. During this time, Defendant put his hands around Kelly's neck. At some point, Kelly lost consciousness. When she regained consciousness, Defendant was leaving the area.
Defendant was indicted on second-degree sexual offense, first-degree kidnapping, and two counts of second-degree rape. Defendant was tried by a jury. Defendant made motions to dismiss all charges at the close of the State's evidence and at the ...