#### STATE OF NORTH CAROLINA v. CATHY ANN MILLS BARNES and DONALD RAY HOOKS

No. 66A97

(Filed 7 November 1997)

Appeal by defendants pursuant to N.C.G.S. § 7A-30(2) from the decision of á divided panel of the Court of Appeals, 125 N.C. App. 75, 479 S.E.2d 236 (1997), finding no error in a trial that resulted in judgments entered by Rousseau, J., on 30 January 1996 in Superior Court, Guilford County, sentencing defendants to active prison sentences upon their convictions by a jury of robbery with a dangerous weapon. On 8 May 1997, the Supreme Court retained defendants’ notice of appeal as to a substantial constitutional question pursuant to N.C.G.S. § 7A-30(1) and allowed discretionary review of an additional issue. Heard in the Supreme Court 15 October 1997.

Michael F. Easley, Attorney General, by Sueanna P. Sumpter, Assistant Attorney General, for the State.

John Bryson for defendant-appellants.

PER CURIAM.

AFFIRMED.