in the Court of Appeals 24 April 2019.
by Defendant from judgment entered 8 February 2018 by Judge
Jeffery B. Foster in Wilson County Superior Court, No.
Attorney General Joshua H. Stein, by Special Deputy Attorney
General Jess D. Mekeel, for the State.
Smith & Norris, P.A., by Kirby H. Smith, III, for the
Shekita Monlee Pender appeals from a judgment entered upon a
jury's verdict finding her guilty of assault with a
deadly weapon inflicting serious injury. We conclude that the
trial court properly instructed the jury and that Defendant
received a fair trial, free from reversible error.
was in a physical altercation with another woman. At some
point during the altercation, Defendant cut the other woman a
number of times with a knife, requiring the woman to receive
over one hundred (100) stitches. Defendant was indicted and
tried for felony assault with a deadly weapon inflicting
serious injury based on this altercation.
the trial, the jury was instructed on the crime of assault
with a deadly weapon inflicting serious injury. The jury was
given a generic self-defense, pattern jury instruction.
However, the jury was not given the self-defense, pattern
jury instruction for assaults where deadly force is used.
jury found Defendant guilty, and Defendant was sentenced in
the presumptive range. Defendant gave notice of appeal in
argues that the trial court committed plain error by
instructing the jury on the crime for which she was tried,
assault with a deadly weapon inflicting serious injury, and
that "[a] knife is a deadly weapon[, ]" while only
providing an instruction for self-defense specific to
assaults not involving deadly force.
Defendant failed to object to the jury instructions at trial,
we review for plain error. State v. Bagley, 321 N.C.
201, 211, 362 S.E.2d 244, 250 (1987). "Under the plain
error rule, [the] defendant must convince this Court not only
that there was error, but that absent the error, the jury
probably would have reached a different result."
State v. Jordan, 333 N.C. 431, 440, 426 S.E.2d 692,
North Carolina, a defendant may be criminally excused from
assaulting another if she acts in self-defense, so long as