
    STATE of North Carolina v. Samuel Sylvester SIMMONS
    No. 229P17
    Supreme Court of North Carolina.
    August 17, 2017
    Craig M. Cooley, Attorney at Law, Cary, for Simmons, Samuel Sylvester.
    Daniel P. O'Brien, Donna D. Smith, Special Deputy Attorneys General, R. Andrew Murray, District Attorney, for State of North Carolina.
    ORDER
   Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 10th of July 2017 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 17th of August 2017."

Upon consideration of the petition filed on the 10th of July 2017 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 17th of August 2017."  