#### STATE OF NORTH CAROLINA v. ANTOINNE LAMONT MORRIS

No. 663A01

(Filed 10 May 2002)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 147 N.C. App. 247, 555 S.E.2d 353 (2001), reversing a judgment entered 8 June 2000 by Kincaid, J., in Superior Court, Mecklenburg County. Heard in the Supreme Court 15 April 2002.

Roy Cooper, Attorney General, by Jennie Wilhelm Mau, Assistant Attorney General, for the State-appellant.

Isabel Scott Day, Public Defender, by Julie Ramseur Lewis, Assistant Public Defender, for defendant-appellee.

PER CURIAM.

AFFIRMED.