#### STATE OF NORTH CAROLINA v. BRIAN FRANK GONZALES

No. 339PA04

(Filed 5 May 2005)

On writ of certiorari pursuant to N.C.G.S. § 7A-32(b) of a unanimous decision of the Court of Appeals, 164 N.C. App. 512, 596 S.E.2d 297 (2004), reversing an order entered by Judge Ernest B. Fullwood on 2 January 2003 in Superior Court, New Hanover County. Heard in the Supreme Court 18 April 2005.

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

Crossley, McIntosh, Prior & Collier, by Samuel H. MacRae, for defendant-appellant.

PER CURIAM.

AFFIRMED.