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IN THE SUPREME COURT OF NORTH CAROLINA

No. 431A03

FILED: 5 DECEMBER 2003

STATE OF NORTH CAROLINA
        
v.

DAVID VERNON SIMPSON

    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 583 S.E.2d 714 (2003), finding no error in a judgment entered 20 May 2002 by Judge Loto G. Caviness, in Superior Court, Henderson County. Heard in the Supreme Court 19 November 2003.
    Roy A. Cooper, Attorney General, by Kimberly Elizabeth Gunter, Associate Attorney General, for the State.

    Smith Moore, L.L.P., by James G. Exum, Jr.; and Mary Exum Schaefer for defendant-appellant.
    
    PER CURIAM.
        

    AFFIRMED.

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