#### STATE OF NORTH CAROLINA v. MICHAEL RAY MCDANIELS

No. 331A91

(Filed 5 March 1992)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 103 N.C. App. 175, 405 S.E.2d 358 (1991), affirming the judgment of Stephens, J., at the 4 June 1990 Criminal Session of Superior Court, WAKE County. Heard in the Supreme Court 12 February 1992.

Lacy H. Thornburg, Attorney General, by Francis W. Crawley, Special Deputy Attorney General, for the State.

Cheshire, Parker, Hughes & Manning, by George B. Currin, for defendant-appellant.

David F. Tamer for North Carolina Civil Liberties Union, amicus curiae.

PER CURIAM.

Affirmed.