STATE v. PHELPS

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Supreme Court of North Carolina.

STATE of North Carolina v. Dwight Raymond PHELPS.

No. 165A03.

Decided: March 05, 2004

Roy Cooper, Attorney General, by Marc Bernstein, Assistant Attorney General, for the State. Marjorie S. Canaday, Amelia Island, FL, for defendant-appellant. Seth H. Jaffe, Raleigh, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.

 For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.

PER CURIAM.