#### STATE OF NORTH CAROLINA v. WILLIE FORREST, III

No. 270A04

(Filed 5 May 2005)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 164 N,C. App. 272, 596 S.E.2d 22 (2004), finding no error in judgments entered 7 March 2003 by-Judge W. Osmond Smith in Superior Court, Wake County. Heard in the Supreme Court 18 April 2004.

Roy Cooper, Attorney General, by Kevin Anderson, Assistant Attorney General, for the State.

Irving Joyner for defendant-appellant.

Robert P. Mosteller, Cooperating Attorney, for the American Civil Liberties Union of North Carolina and the North Carolina Academy of Trial Lawyers, amici curiae.

PER CURIAM.

AFFIRMED.