#### STATE OF NORTH CAROLINA v. GREGORY LEE NOWELL and MICHAEL LYNN TAYLOR

No. 433A01

(Filed 7 March 2002)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 144 N.C. App. 636, 550 S.E.2d 807 (2001), reversing in part and reversing and remanding in part judgments entered 8 December 1999 by Allsbrook, J., in Superior Court, Halifax County. On 4 October 2001, the Supreme Court granted the State’s petition for discretionary review of an additional issue. Heard in the Supreme Court 12 February 2002.

Roy Cooper, Attorney General, by William B. Crumpler, Assistant Attorney General, for the State-appellant.

William F. Dickens, Jr., for defendant-appellee Nowell.

Jesse F. Pittard, Jr., for defendant-appellee Taylor.

American Civil Liberties Union of North Carolina Legal Foundation, by Seth H. Jaffe, amicus curie.

PER CURIAM.

AFFIRMED.