#### STATE OF NORTH CAROLINA v. ERNEST G. HARGETT

No. 119PA02

(Filed 22 November 2002)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a decision of the Court of Appeals, 148 N.C. App. 688, 559 S.E.2d 282 (2002), ordering a new trial after appeal of a judgment entered 28 September 2000 by Alford, J., in Superior Court, Craven County. Heard in the Supreme Court 14 October 2002.

Roy Cooper, Attorney General, by Sylvia Thibaut, Assistant Attorney General, for the State-appellant.

Rudolph A. Ashton, III, and Kirby H. Smith, III, for defendantappellee.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVTDENTLY ALLOWED.