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
holding that there is no error in instructing the jury on alternative theories if there is sufficient evidence that the defendant committed firstdegree murder 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 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 holding that the crime of attempted first degree felony murder does not exist holding different rule applicable for conviction of second degree murder