*223 Roy Cooper, Attorney General, by Yvonne B. Ricci, Assistant Attorney General, for the State.

Richard E. Jester, Louisburg, for defendant-appellant.

PER CURIAM.

For the reasons stated in State v. Bowditch, ___ N.C. ___, 700 S.E.2d 1 (2010), the decision of the Court of Appeals is affirmed.

AFFIRMED.

Chief Justice Parker and Justices Timmons-Goodson and Hudson dissent for the reasons stated in the dissenting opinion in State v. Bowditch, ___ N.C. ___, 700 S.E.2d 1 (2010).