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IN THE SUPREME COURT OF NORTH CAROLINA

No. 119PA02

FILED: 22 NOVEMBER 2002

STATE OF NORTH CAROLINA

    v.

ERNEST G. HARGETT

    On discretionary review pursuant to N.C.G.S. § 7A-31 of a decision of the Court of Appeals, 148 N.C. App. 688, 559 S.E.2d 282 (2002), ordering a new trial after appeal of a judgment entered 28 September 2000 by Alford, J., in Superior Court, Craven County. Heard in the Supreme Court 14 October 2002.
    Roy Cooper, Attorney General, by Sylvia Thibaut, Assistant Attorney General, for the State-appellant.

    Rudolph A. Ashton, III, and Kirby H. Smith, III, for defendant-appellee.

    PER CURIAM.

    DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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