#### STATE OF NORTH CAROLINA v. MONICA D. BRANCH

No. 95PA04

(Filed 7 April 2005)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 162 N.C. App. 707, 591 S.E.2d 923 (2004), reversing an order denying a motion to suppress entered 29 August 2002 by Judge Anthony M. Brannon in Superior Court, Rockingham County. Heard in the Supreme Court 10 November 2004.

Roy Cooper, Attorney General, by William R Hart, Special Deputy Attorney General, for the State-appellant.

Staples S. Hughes, Appellate Defender, by Barbara S. Blackman,Assistant Appellate Defender, for defendant-appellee.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice NEWBY did not participate in the consideration or decision of this case.