Roy Cooper, Attorney General, by Peter A. Regulski, Assistant Attorney General, for the State.

Mark Montgomery, Durham, 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).