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Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 176 N.C.
App. ___, 626 S.E.2d 700 (2006), finding no error in judgments
entered on 15 August 2003 and an order denying defendant's Motion
for Appropriate Relief entered on 4 February 2004, all entered by
Judge John O. Craig, III, in Superior Court, Forsyth County,
following jury verdicts finding defendant guilty of second-degree
murder and assault with a deadly weapon inflicting serious
injury. Heard in the Supreme Court 22 November 2006.
Roy Cooper, Attorney General, by Isaac T. Avery, III, Special Counsel, for the State.
Kathryn L. VandenBerg for defendant-appellant.
Justice WAINWRIGHT took no part in the consideration or
decision of this case. The remaining members of the Court are
equally divided, with three members voting to affirm and three
members voting to reverse the decision of the Court of Appeals.
Accordingly, the decision of the Court of Appeals is left
undisturbed and stands without precedential value. See State v.
Harrison, 360 N.C. 394, 627 S.E.2d 461 (2006); Crawford v.
Commercial Union Midwest Ins. Co., 356 N.C. 609, 572 S.E.2d 781
(2002); Robinson v. Byrd, 356 N.C. 608, 572 S.E.2d 781 (2002).
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