State v. Draper, 358 N.C. 141 (2004)

Feb. 6, 2004 · Supreme Court of North Carolina · No. 186PA03
358 N.C. 141

STATE OF NORTH CAROLINA v. CLAYTON DRAPER

No. 186PA03

(Filed 6 February 2004)

On writ of certiorari issued 11 April 2003 pursuant to N.C.G.S. § 7A-32(b) to review an order entered 3 April 2003, nunc pro tunc 26 March 2003, by Judge William L. Daisy in District Court, Guilford County, declaring N.C.G.S. § 7A-455.1 unconstitutional. Heard in the Supreme Court 11 September 2003.

Roy Cooper, Attorney General, by Norma S. Harrell, Special Deputy Attorney General, for the State-appellant.

Smith Moore LLP, by James G. Exum, Jr., and Frances Turner Mock, for defendant-appellee.

PER CURIAM.

Pursuant to this Court’s opinion in State v. Webb, 358 N.C. 92, 591 S.E.2d 505, the decision of the trial court is affirmed as modified.

AFFIRMED AS MODIFIED.