Preview:

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA09-536 NORTH CAROLINA COURT OF APPEALS Filed: 22 December 2009 STATE OF NORTH CAROLINA v. MICHAEL ANDREW ROUGHTON, Defendant. Wilson County Nos. 07 CRS 054972 07 CRS 054973

Appeal by defendant from judgments entered 25 September 2008 by Judge Frank R. Brown in Wilson County Superior Court. the Court of Appeals 26 October 2009. Roy Cooper, Attorney General, by Elizabeth Assistant Attorney General, for the State. F. Parsons, Heard in

Staples Hughes, Appellate Defender, by Benjamin DowlingSendor, Assistant Appellate Defender, for defendant-appellant. MARTIN, Chief Judge. Defendant appeals from judgments entered upon his convictions of two counts of first degree statutory rape and two counts of taking indecent liberties with a child. vacate in part and remand in part. Defendant and the complainant, J.A.B., first became acquainted sometime after December of 2006 when defendant visited his mother in Wilson, North Carolina for the Christmas holiday. Defendant's We find no error in part,

mother and J.A.B.'s mother were friends and would often get their families together for social visits. At times, defendant would go

-2over to J.A.B.'s house, and, on other occasions, J.A.B. would go to defendant's house while her mother was at work. It was during

these visits that defendant, who was nineteen years old at the time, engaged in sexual acts with J.A.B., who was then twelve years of age. In September 2007, J.A.B. told her step

Download 09-536-5.pdf

South Carolina Law