Court of Appeals of North Carolina January 6, 2004, COA02-1363 (State v. Smith)

GEER, Judge

Defendant Dwayne Anthony Smith appeals from his convictions for second-degree kidnapping, assault inflicting serious injury, and

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communicating threats. Because the trial court instructed the jury as to kidnapping theories not included in the indictment, we vacate defendant’s second-degree kidnapping conviction and remand for a new trial.