All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Car olina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be consid ered authoritative.

    On discretionary review pursuant to N.C.G.S. § 7A-31 of a decision of the Court of Appeals, 140 N.C. App. 1, 535 S.E.2d 380 (2000), reversing a judgment entered by Baker, J., on 18 December 1998, in Superior Court, Buncombe County. Heard in the Supreme Court 10 September 2001.
    Roy A. Cooper, Attorney General, by John J. Aldridge, III, Assistant Attorney General, for the State-appellant.

    Michael E. Casterline, for defendant-appellee.

    Forman Rossabi Black Marth Iddings & Slaughter, P.A., by Amiel J. Rossabi, and Seth H. Jaffe, counsel, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, Inc., amicus curiae.

    PER CURIAM.

    DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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