#### STATE OF NORTH CAROLINA v. MELVIN BELL

No. 8A84

(Filed 5 June 1984)

Appeal of right by the State from a decision of a divided panel of the Court of Appeals, 65 N.C. App. 234, 309 S.E. 2d 464 (1983), which reversed and vacated the judgment entered by Tillery, Judge, on 4 December 1981 in Superior Court, New HANOVER County. Heard in the Supreme Court 9 May 1984.

Rufus L. Edmisten, Attorney General, by John R. B. Matthis, Special Deputy Attorney General and James C. Gulick, Assistant Attorney General, for the State.

Adam Stein, Appellate Defender, by Malcom Ray Hunter, Jr., Assistant Appellate Defender, for the defendant appellee.

PER CURIAM.

Affirmed.