State v. Alston , 359 N.C. 61 ( 2004 )

PER CURIAM.

The members of the Court were equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals.¹ Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See Crawford v. Commercial Union Midwest Ins. Co., 356 N.C. 609, 572 S.E.2d 781 (2002); Robinson v. Byrd, 356 N.C. 608, 572 S.E.2d 781 (2002).

AFFIRMED.

1 . At the time this case was heard and decided, the Court consisted of only six members, due to the retirement of Associate Justice Orr on 31 July 2004.