State v. Combs, 226 N.C. App. 87

Defendant Ray Dean Combs moved in with Tiffany and her mother during 2008; Tiffany is the child victim.
In May 2010, Tiffany, then 11, disclosed to a teacher that Combs had raped her; at trial she was 13 and Combs was 58.
Defendant was indicted on ten counts of rape of a child and ten counts of first-degree sexual offense; trial proceeded to a jury.
During jury selection, one juror was illiterate; defense asked for dismissal for cause, which the trial court denied.
After State evidence, two counts were dismissed; the jury convicted on eight counts of rape of a child and eight counts of sexual offense; convictions were consolidated into four judgments with consecutive sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict for rape of a child	Combs challenges sufficiency of evidence for vaginal intercourse element.	Combs contends evidence of penetration was insufficient or ambiguous.	Substantial evidence supported vaginal intercourse and identification; denial of motion to dismiss affirmed.
Written jury instructions following jury questions	State contends written copies were proper repetition, not 'additional instructions'.	Combs argues §15A-1234(d) requires open-court, recorded additional instructions.	No error; written instructions were reiterations, not additional instructions; no requirement to record them.
Plain error from jury instruction on sexual acts	State defends the instruction based on evidence of acts against Tiffany.	Combs contends error by including cunnilingus where no evidence existed.	No plain error; overwhelming evidence supported the charged acts; no probable impact on verdict.

State v. Hicks, 319 N.C. 84 (1987) (ambiguous testimony requires corroboration for penetration; appellate review)
State v. Estes, 99 N.C. App. 312 (1990) (context clarifies ambiguous terms when explained by other testimony)
State v. Rich, 132 N.C. App. 440 (1999) (writing instructions not 'additional' where they reiterate oral instructions)
State v. Smith, 188 N.C. App. 207 (2008) (reiteration of instructions not 'additional' under §15A-1234(d))
State v. Petty, 132 N.C. App. 453 (1999) (enumeration of sexual acts as methods to prove one offense)