#### STATE OF NORTH CAROLINA v. KIM JEFFREY PRUITT

No. 7214SC745

(Filed 25 October 1972)

Appeal by defendant from Cooper, Judge, 1 May 1972 Session of Superior Court held in Durham County.

Defendant was convicted of felonious breaking or entering. Judgment imposing an active sentence was entered.

Attorney General Robert Morgan by Parks H. Icenhour, Assistant Attorney General, for the State.

Loflin, Anderson and Loflin by Thomas F. Loflin III for defendant appellant.

VAUGHN, Judge.

Defendant has filed a motion to withdraw his appeal. We have denied the motion and considered the case on its merits. We find no error.

No error.

Judges Hedrick and Graham concur.