#### STATE OF NORTH CAROLINA v. CODY JAMES MARLER

No. 459PA10

(Filed 7 October 2011)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous, unpublished decision of the Court of Appeals,-N.C. App. -, 699 S.E.2d 140 (2010), finding no error in judgments entered on 18 September 2008 by Judge Ronald K. Payne in Superior Court, Haywood County. Heard in the Supreme Court 8 September 2011.

Roy Cooper, Attorney General, by Catherine F. Jordan and Derrick C. Mertz, Assistant Attorneys General, for the State.

David L. Neal for defendant-appellant.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.