#### STATE v. HERRING

No. 408P00

Case below: 139 N.C. App. 451

Joint motion by defendant and plaintiff to withdraw notice of appeal and petition for discretionary review allowed 19 October 2000. Motion by the Attorney General to dismiss the appeal for lack of substantial constitutional question dismissed as moot 20 December 2000. Petition by defendant for discretionary review pursuant to G.S. 7A-31 dismissed as moot 20 December 2000.