¶1concurring in the result in a separate opinion.
¶2I concur in the result reached by the majority in this case, but write separately because it is inappropriate to invoke Rule 2 of the Rules of Appellate Procedure as to defendant’s first argument. It cannot be a “manifest injustice” or the expediting of a “decision in the public interest” to consider an argument made by defendant under a statute that was inapplicable to the offenses for which defendant was tried. See N.C. R. App. P. 2; see also S.L. 2011-268 § 26, eff. Dec. 1, 2011.