State v. Baker, 369 N.C. 586

Victim ("Amanda") alleged multiple sexual assaults by defendant (mother's boyfriend) between April 1, 2008 and October 21, 2009, including a bedroom incident and a couch incident.
In the bedroom incident Amanda testified defendant removed both their clothes, touched her, and initially testified that penetration did not occur at that time but later (2013) asserted penile–vaginal penetration.
In the couch incident Amanda said defendant touched her chest and attempted to make her lie down; she fled, called her mother, and was picked up by grandparents.
Medical exam showed no acute or healed trauma; mental-health provider diagnosed PTSD but conceded symptoms are not specific to sexual abuse.
Defendant denied all allegations. Indictments charged completed and attempted first-degree rape of a child and indecent liberties; jury convicted on attempted rape and indecent liberties, hung on the completed-rape count.
Court of Appeals vacated the attempted-rape conviction for insufficient evidence; North Carolina Supreme Court granted discretionary review.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Baker)	Held
Whether record contained sufficient evidence to support conviction for attempted first-degree rape of a child	Evidence of the bedroom incident (which could show completed rape) or the couch incident sufficed to support attempted-rape conviction; completed-crime evidence can support attempt	Evidence either showed a completed rape (so attempt is not supported) or, for the couch incident, did not show intent to rape; submitting attempt without evidentiary support violates due process/unanimity	Reversed Court of Appeals: evidence (including evidence of completed rape) was sufficient to support attempted-rape conviction
Whether trial court erred by instructing jury on attempted rape as a lesser included offense (plain error)	Trial court did not submit attempted rape as a lesser included offense; instruction required each count be a separate discrete event	Submission as lesser included offense would be plain error if unsupported by evidence and could prejudice Baker	No need to decide plain-error claim: Court found attempt was supported on the merits and the attempt count was not presented as a lesser included offense

State v. Roy, 233 N.C. 558 (recognizes that evidence of a completed rape can support conviction for assault with intent/attempt)
State v. Canup, 117 N.C. App. 424 (completed penetration does not negate prior overt acts; completed offense includes an attempt)
State v. Primus, 227 N.C. App. 428 (applies Canup to hold completed theft evidence can sustain attempted-theft charge)
State v. Nelson, 341 N.C. 695 (explains when a lesser-included offense should not be submitted if only positive evidence of the greater offense exists)