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During the chat, Cassia again identified herself as being 14 years old. All evidence actually admitted, both competent and incompetent, which is favorable to the State must be considered.’ ” State v. Defendant expressed interest in meeting Cassia and asked her, “what do you want to do when we meet? Detective Regina Corcoran (“Detective Corcoran”) of the RPD portrayed Cassia. Detective Corcoran was sitting at another table in the food court approximately 25 feet from Detective Marshburn. 10(b)(3) (2009) states: A defendant in a criminal case may not assign as error the insufficiency of the evidence to prove the crime charged unless he moves to dismiss the action, or for judgment as in case of nonsuit, at trial. He also stated that he could get in trouble for talking to Cassia because she was so young. When Cassia stated that she was nervous because she “never did this before,” defendant replied that he had done so once, “but not with someone this young,” adding that he and his previous paramour “just kissed.” When Cassia asked if defendant liked younger girls, he replied in the affirmative because “[t]hey just look better, feel better.” Defendant and Cassia agreed to meet in person at the food court at the mall, and agreed to chat more online so that Cassia could tell defendant “everything that [she] want[ed] to do.”Defendant and Cassia engaged in an online chat that day that lasted an hour. Defendant stated that he was still interested in meeting Cassia in person and asked again for her phone number, which she gave him. 2, we will hear the merits of defendant's claim despite the rule violation because defendant also argues ineffective assistance of counsel based on counsel's failure to make the proper motion to dismiss.” State v. Defendant told Cassia that she “sound[ed] very sexy” and asked her “what all [she] want[ed] to get into” when he saw her.
By p.m., defendant asked Cassia if she was “looking for a hook up.” At p.m., defendant asked Cassia if she would “like [to] meet and have good sex,” and then asked Cassia to send him a picture of herself over the Internet. The pictures were actually photographs of a female coworker at the RPD taken when the coworker was 14 years old. Consent is not a defense to a charge under this section. ” During the same chat, defendant subsequently asked Cassia if she wanted to “go somewhere and park” and “see how it goes.”On 12 December 2007, defendant, now using the pseudonym “dan claussen,” and Cassia engaged in another chat on NC Romance. When Cassia responded that she was fourteen, defendant stated, “you are underage, and i [sic] am not․ I am apprehensive about meeting you in person․” Defendant then stated that he and Cassia could meet in person “and see where it goes from there” and do things like “catch a movie at the mall, or just hang out, or find other things to get into.” When Cassia asked what defendant meant by that statement, defendant responded, “I get the feeling that you are wanting to talk about sex ․,” and that “[t]hat is something we could talk about in person if you like.” Defendant then agreed to meet Cassia the next day at the mall. On 20 December 2007, defendant sent a chat message to Cassia stating that he was going to be away for Christmas and would “catch back up” with Cassia after that. On 9 January 2008, defendant called Cassia on the telephone. We review a trial court's denial of a motion to dismiss criminal charges de novo, to determine “whether there is substantial evidence (1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of defendant's being the perpetrator of such offense.” State v. During the course of the conversation, defendant told Cassia that she had a nice voice, and stated that he would come see her on Tuesday. On 15 January 2008, defendant sent an offline instant message to Cassia stating that he would meet her at that morning. Later that morning, defendant and Cassia agreed that they would meet at a.m. At that morning, Detective Marshburn was sitting at a table in the food court of the mall.
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In one photo, defendant was pictured wearing only a small bathing suit and sunglasses, and in the other, defendant was wearing military fatigues. Defendant identified himself by his middle name, Dan, and Detective Marshburn identified herself as Cassia.