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State v. Galloway8/21/2001
in the car, a sexual assault took place, and the victim was beaten. Thus, defendants were not prejudiced by the admission of the redacted statements. As such, we hold that the trial court did not abuse its discretion in denying defendant Rheddick's motion to sever.
Finally, we examine defendant Rheddick's conviction and sentence for attempted second-degree murder. In light of our Supreme Court's recent holding in State v. Coble, 351 N.C. 448, 527 S.E.2d 45 (2000), "a crime denominated as `attempted second-degree murder' does not exist under North Carolina law." Id. at 453, 527 S.E.2d at 49. Accordingly, we vacate defendant Rheddick's conviction for attempted second-degree murder.
In the record, defendants preserved approximately one hundred additional assignments of error. As defendants fail to argue them in their briefs, we deem those not argued abandoned. N.C.R. App. P. 28(b)(5).
In light of all the foregoing, we hold that defendants received a fair trial, free from prejudicial error. However, as to defendant Rheddick, we vacate his conviction for attempted second- degree murder.
No error as to defendant Galloway.
No error in part, vacated in part as to defendant Rheddick.
Judges MARTIN and HUDSON concur.
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