All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 177 N.C.
App. ___, 629 S.E.2d 332 (2006), reversing defendant's conviction
which resulted in a judgment entered 25 August 2004 by Judge
Kenneth C. Titus in Superior Court, Durham County, and ordering a
new trial. Heard in the Supreme Court 21 November 2006.
Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, and Derrick C. Mertz, Assistant Attorney General, for the State-appellant.
George E. Kelly, III, for defendant-appellee.
*** Converted from WordPerfect ***