#### STATE v. SMITH

No. 327P00

Case below: 138 N.C.App. 555

Motion by Attorney General to dismiss the appeal by defendant (Richard Smith) for lack of substantial constitutional question allowed 24 August 2000. Petition by defendant (Richard Smith) for discretionary review pursuant to G.S. 7A-31 denied 24 August 2000. Petition by defendant (Jimmy Smith) for discretionary review pursuant to G.S. 7A-31 denied 24 August 2000.