On 27 May 1993, the jury found the defendant guilty of felonious breaking and entering, felonious larceny, and felonious possession of stolen goods. Defendant then pled guilty to the habitual felon indictment. The trial court arrested judgment on the conviction of possession of stolen goods and sentenced defendant to consecutive terms of fifteen years for the convictions of felonious breaking and entering and felonious larceny. Attorney General Michael F. Easley, by Assistant Attorney General Jill Hickey , for the State. Nora Henry Hargrove, for defendant-appellant Donald R. Farrior.
Defendant brings forward two assignments of error.
After careful review, we remand for resentencing. I. Defendant argues that the trial court erred by failing to instruct the jurors that they were not compelled to infer constructive possession of the stolen articles found in the vehicle merely because defendant exercised control over the vehicle. A party may not assign as error any portion of the jury charge or omission therefrom unless he objects thereto before the jury retires to consider its verdict. N.C. R. App. Here, defendant neither requested the trial court to give a particular instruction on constructive possession nor objected to the instructions given.