A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).

NO. COA01-405


Filed: 5 February 2002


v .                         Buncombe County
                            Nos. 99 CRS 67178, 67178A

    Appeal by defendant from judgment entered 24 January 2001 by Judge Ronald K. Payne in Superior Court, Buncombe County. Heard in the Court of Appeals 23 January 2002.

    Attorney General Roy Cooper, by Assistant Attorney General Deborrah L. Newton, for the State.

    Faye A. Burner, Assistant Public Defender, for the defendant- appellant.

    WYNN, Judge.

    For the reasons set forth in State v. Hearst, __ N.C. App.___, 555 S.E.2d 357 (2001), we affirm the trial court's decision to not allow defendant credit towards his active sentence for his completion of the Intensive Motivational Program of Alternative Correction Treatment (IMPACT). In Hearst, our Court stated:
        In passing legislation to 'convert IMPACT to [a] residential program,' our General Assembly removed all references to periods of 'imprisonment' in IMPACT. The 1998 Act also redefined participation in IMPACT as a special probationary condition in terms of 'residential treatment' instead of 'confinement.' We conclude that the General Assembly's action in converting IMPACT to a residential program under section 17.21 of the1998 Act acknowledged that participation in IMPACT is a lesser sanction than commitment to or confinement in a state institution.

Hearst, __ N.C. App. __, 555 S.E.2d at 359. Accordingly, we affirm the trial court.
    Judges HUDSON and THOMAS concur.
    Report per Rule 30(e).

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