State v. Franklin , 367 N.C. 183 ( 2013 )

IN THE SUPREME COURT OF NORTH CAROLINA
No. 36A13
FILED 20 DECEMBER 2013
STATE OF NORTH CAROLINA
v.
MALIK SHAHEEM FRANKLIN
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel
of the Court of Appeals, ___ N.C. App. ___, 736 S.E.2d 218 (2012), affirming an
order denying defendant’s motion to suppress which resulted in a judgment entered
on 8 November 2011 by Judge Hugh B. Lewis in Superior Court, Mecklenburg
County. Heard in the Supreme Court on 4 September 2013.
Roy Cooper, Attorney General, by Joseph L. Hyde, Assistant Attorney General,
for the State.
Staples S. Hughes, Appellate Defender, by Andrew J. DeSimone, Assistant
Appellate Defender, for defendant-appellant.
PER CURIAM.
Justice BEASLEY took no part in the consideration or decision of this case.
The remaining members of the Court are equally divided, with three members
voting to affirm and three members voting to reverse the decision of the Court of
Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and
stands without precedential value. See, e.g., Amward Homes, Inc. v. Town of Cary,
365 N.C. 305, 716 S.E.2d 849 (2011); Goldston v. State, 364 N.C. 416, 700 S.E.2d
STATE V. FRANKLIN
Opinion of the Court
223 (2010).
AFFIRMED.
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