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, ___ N.C.
App. ___, 621 S.E.2d 221 (2005), finding no error in a judgment
entered 7 June 2004 by Judge Jack A. Thompson in Superior Court,
Cumberland County. Heard in the Supreme Court 16 March 2006.
Roy Cooper, Attorney General, by James M. Stanley, Jr., Assistant Attorney General, for the State.
George E. Kelly, III, for defendant-appellant.
Justice BRADY 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 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
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