#### STATE OF NORTH CAROLINA v. HARDIN ELI ROSS, III

No. 581A05

(Filed 3 March 2006)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 173 N.C. App.-, 620 S.E.2d 33 (2005), finding no error in a judgment entered 5 February 2004 by Judge Evelyn W. Hill in Superior Court, Wake County. Heard in the Supreme Court 14 February 2006.

Roy Cooper, Attorney General, by Rudy Renfer, Assistant Attorney General, for the State.

Parrish, Smith & Ramsey, LLP, by Richard D. Ramsey, for defendant-appellant.

PER CURIAM.

AFFIRMED.

Justice TIMMONS-GOODSON did not participate in the consideration or decision of this case.