Pursuant to this Court’s opinion in State v. Webb, — N.C. —, - S.E.2d -(Feb. 6, 2004) (No. 157PA03), the decision of the trial court is affirmed as modified.
AFFIRMED AS MODIFIED.
State v. Kelly, 358 N.C. 140 (2004)
Feb. 6, 2004
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Supreme Court of North Carolina
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No. 156PA03
358 N.C. 140
STATE OF NORTH CAROLINA v. MARVIN JUNIOR KELLY
No. 156PA03
(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 13 March 2003 by Judge Joseph Moody Buckner in District Court, Orange 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. Heard in the Supreme Court 11 September 2003.
Roy Cooper, Attorney General, by Norma S. Harrell, Special Deputy Attorney General, for the State-appellant.
James Williams, Public Defender District 15B, by Timothy C. Cole, for defendant-appellee.