VAUGHN, Chief Judge.
At the outset, we note that defendant's brief does not contain a non-argumentative summary of the material facts as required by Rule 28(b)(3), Rules of Appellate Procedure. Failure to comply with this rule slows our work by requiring us to read through the entire lengthy transcript to determine the facts of the case. We have, however, elected to consider the case on its merits.
Defendant's first assignment of error is that the trial court...
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