#### STATE OF NORTH CAROLINA v. DENNIS MARSHALL CLEMMONS

No. 91A07

(Filed 12 October 2007)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 181 N.C. App. 391, 639 S.E.2d 110 (2007), finding no error in a judgment entered 5 May 2005 by Judge Steve A. Balog in Superior Court, Harnett County. Heard in the Supreme Court 11 September 2007.

Roy Cooper, Attorney General, by Francis W. Crawley, Special Deputy Attorney General, for the State.

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

PER CURIAM.

AFFIRMED.

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