With no explanation, chose the best option from "A", "B", "C" or "D". by a higher court.”). Accordingly, we hold that the trial court’s decision to instruct on the offense of attempted assault with a deadly weapon on a government officer was in error. We further hold that these instructions resulted in plain error. To establish plain error, a defendant must demonstrate “(i) that a different result probably would have been reached but for the error or (ii) that the error was so fundamental as to result in a miscarriage of justice or denial of a fair trial.” State v. Bishop, 346 N.C. 365, 385, 488 S.E.2d 769, 779 (1997). In our view, instructing a jury in such a way that the jury convicts the defendant of a nonexistent offense is an unmistakable example of a miscarriage of justice. See State v. Parker, 143 N.C. App. 680, 683-84, 550 S.E.2d 174, 176 (2001) (<HOLDING>); People v. Martinez, 81 N.Y.2d 810, 812, 611

A: holding that there is no error in instructing the jury on alternative theories if there is sufficient evidence that the defendant committed firstdegree murder
B: holding that the crime of attempted first degree felony murder does not exist
C: holding that defendants conviction    must be vacated where defendant argued that trial court committed plain error in instructing jury on nonexistent crime of attempted second degree murder
D: holding that the trial courts erroneous instruction on the nonexistent included offense of attempted reckless manslaughter was harmless beyond a reasonable doubt where the jury reached a unanimous guilty verdict as to the charged offense of attempted murder in the second degree
C.