Pursuant to this Court’s opinion in State v. Webb, - N.C. -, - S.E.2d - (2004), the decision of the trial court is affirmed as modified.
AFFIRMED AS MODIFIED.
State v. McNeil, 358 N.C. 139 (2004)
Feb. 6, 2004
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Supreme Court of North Carolina
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No. 155PA03
358 N.C. 139
STATE OF NORTH CAROLINA v. JOHN WALTER McNEIL
No. 155PA03
(Filed 6 February 2004)
On writ of certiorari issued 2 April 2003 pursuant to N.C.G.S. § 7A-32(b) to review an order entered 7 March 2003 by Judge James Hill in District Court, Durham County, declaring N.C.G.S. § 7A-455.1 unconstitutional and enjoining the Clerk of Superior Court for said county from collecting the appointment fee and entering civil judgments pursuant to N.C.G.S. § 7A-455.1(b). Heard in the Supreme Court 11 September 2003.
Roy Cooper, Attorney General, by Norma S. Harrell, Special Deputy Attorney General, for the State-appellant.
Robert Brown, Jr., Public Defender; Heather H. Freeman, Assistant Public Defender; and C. Scott Holmes, for defendantappellee.