For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.
State v. Phelps, 358 N.C. 142 (2004)
March 5, 2004
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Supreme Court of North Carolina
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No. 165A03
358 N.C. 142
STATE OF NORTH CAROLINA v. DWIGHT RAYMOND PHELPS
No. 165A03
(Filed 5 March 2004)
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 156 N.C. App. 119, 575 S.E.2d 818 (2003), finding no prejudicial error in a judgment entered 11 September 2001 by Judge Richard L. Doughton in Superior Court, Forsyth County. Heard in the Supreme Court 16 February 2004.
Roy Cooper, Attorney General, by Marc Bernstein, Assistant Attorney General, for the State.
Marjorie S. Canaday, for defendant-appellant.
Seth H. Jaffe, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.