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IN THE SUPREME COURT OF NORTH CAROLINA

No. 155PA03

FILED: 6 FEBRUARY 2004

STATE OF NORTH CAROLINA

    v.

JOHN WALTER McNEIL

    On writ of certiorari issued 2 April 2003 pursuant to N.C.G.S. § 7A-32(b) to review an order entered 7 March 2003 by Judge James Hill in District Court, Durham County, declaring N.C.G.S. § 7A-455.1 unconstitutional and enjoining the Clerk of Superior Court for said county from collecting the appointment fee and entering civil judgments pursuant to N.C.G.S. § 7A-455.1(b). Heard in the Supreme Court 11 September 2003.
    Roy Cooper, Attorney General, by Norma S. Harrell, Special Deputy Attorney General, for the State- appellant.

    Robert Brown, Jr., Public Defender; Heather H. Freeman, Assistant Public Defender; and C. Scott Holmes, for defendant-appellee.

    PER CURIAM.

    Pursuant to this Court's opinion in State v. Webb, ___ N.C. ___, ___ S.E.2d ___ (2004), the decision of the trial court is affirmed as modified.

    AFFIRMED AS MODIFIED.

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