#### STATE OF NORTH CAROLINA v. JAMES A. BLACKMON

No. 61PA86

(Filed 4 March 1987)

We granted the defendant’s petition for discretionary review pursuant to N.C.G.S. 7A-31 on 2 July 1986 to review the unreported decision of the Court of Appeals (Hedrick, C.J., with Arnold, J., and Webb, J., concurring). The Court of Appeals found no error in defendant’s trial by Winberry, J. (sentence by Phillips, J.), in the Superior Court of Pitt County, in which defendant was found guilty of assault with a deadly weapon inflicting serious injury and was sentenced to eight years imprisonment.

Lacy H. Thornburg, Attorney General, by Richard L. Griffin, Assistant Attorney General, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, by Leland Q. Towns, Assistant Appellate Defender, for defendant-appellant.

PER CURIAM.

Having carefully considered the opinion of the Court of Appeals, the records, briefs, and oral arguments in the case before us, we conclude that our order of 2 July 1986 allowing the defendant’s petition for discretionary review was improvidently allowed.

Discretionary review improvidently allowed.

Justice Webb did not participate in the consideration or decision of this case.