Court of Appeals of North Carolina April 17, 2012, COA11-1067 (State v. Foust)

HUNTER, JR., Robert N., Judge.

I. Factual & Procedural Background

On 15 February 2010, Robert Mitchell Foust (“Defendant”) was indicted for first degree rape. Defendant pled not guilty, and the case came on for trial before Judge James E. Hardin, Jr. on 16 August 2010. The State’s evidence at trial tended to show the following.