The trial court sentenced defendant to life imprisonment without parole for the first degree murder charge and a minimum of 50 months and a maximum of 69 months in prison for the assault with a deadly weapon with intent to kill inflicting serious injury. Attorney General Michael F. Easley, by Special Deputy Attorney General Robert J. Blum, for the State. Appellate Defender Malcolm Ray Hunter, Jr., by Assistant Appellate Defender Janine Crawley Fodor, for defendant-appellant. We first consider whether the trial court erred by failing to instruct the jury on the lesser included offenses of second degree murder and assault with a deadly weapon inflicting serious injury. Defendant argues that there was evidence of second degree murder and assault with a deadly weapon inflicting serious injury, and the trial court should have instructed on these lesser included offenses.
Defendant argues that certain facts in evidence negate premeditation and deliberation.
The facts relied on by the defendant are defendant's impulsiveness and inability to calculate the consequences of his actions because of his age and defendant's severe emotional turmoil about the circumstances surrounding his new living arrangements. Second degree murder is an unlawful killing of a human being with malice but without premeditation and deliberation. In addition, before a judge is required to give an instruction on assault with a deadly weapon inflicting serious injury, there must be evidence that defendant had no intent to kill. 79 N.C. App. Here, there was sufficient evidence of premeditation and deliberation and defendant's intent to kill Maggie.