AFFIRMED.
State v. Ballenger, 345 N.C. 626 (1997)
March 7, 1997
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Supreme Court of North Carolina
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No. 352A96
345 N.C. 626
STATE OF NORTH CAROLINA v. FRANKLIN BALLENGER
No. 352A96
(Filed 7 March 1997)
Appeal by defendant pursuant to N.C.G.S. § 7A-30(2) of the decision of a divided panel of the Court of Appeals, 123 N.C. App. 179, 472 S.E.2d 572 (1996), reversing an order dismissing the charges against defendant entered by Eagles, J., on 5 May 1995, in Superior Court, Guilford County. Heard in the Supreme Court 11 February 1997.
• Michael F. Easley, Attorney General, by Christopher E. Allen, Assistant Attorney General, for the State.
James H. Price, III, P.A., by James H. Price, III, for defendant-appellant.
American Civil Liberties Union of North Carolina Legal Foundation, by Deborah K. Ross, amicus curiae.