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IN THE SUPREME COURT OF NORTH CAROLINA

No. 156PA03

FILED: 6 FEBRUARY 2004

STATE OF NORTH CAROLINA

    v.

MARVIN JUNIOR KELLY

    On writ of certiorari issued 2 April 2003 pursuant to N.C.G.S. § 7A-32(b) to review an order entered 13 March 2003 by Judge Joseph Moody Buckner in District Court, Orange 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. Heard in the Supreme Court 11 September 2003.
    Roy Cooper, Attorney General, by Norma S. Harrell, Special Deputy Attorney General, for the State- appellant.

    James Williams, Public Defender District 15B, by Timothy C. Cole, for defendant-appellee.

    PER CURIAM.

    Pursuant to this Court's opinion in State v. Webb, ___ N.C. ___, ___ S.E.2d ___ (Feb. 6, 2004) (No. 157PA03), the decision of the trial court is affirmed as modified.
    AFFIRMED AS MODIFIED.

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