#### STATE OF NORTH CAROLINA v. MATTHEW DOUGLAS LESTER

No. 646A84

(Filed 4 June 1985)

Appeal by the State pursuant to G.S. 7A-30(2) from a decision of the Court of Appeals (Judges Hedrick and Becton concurring and Judge Phillips dissenting) reversing in part and remanding in part judgment before Collier, Judge, at the 14 July 1983 Session of Superior Court in Surry County. The opinion of the Court of Appeals is reported in 70 N.C. App. 757, 321 S.E. 2d 166 (1984).

Attorney General Rufus L. Edmisten, by Assistant Attorney General George W. Lennon, for the State.

Appellate Defender Adam Stein, by Assistant Appellate Defender Gordon Widenhouse, for defendant appellee.

PER CURIAM.

Affirmed.