#### STATE OF NORTH CAROLINA v. CHARLES LEE ALLEN

No. 140A86

(Filed 2 July 1986)

Appeal by the State pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, reported in 79 N.C. App. 280, 339 S.E. 2d 76 (1986), which reversed the judgment against the defendant entered by Collier, J., on 14 March 1985, in Superior Court, Union County. Heard in the Supreme Court 9 June 1986.

Lacy H. Thornburg, Attorney General, by T. Buie Costen, Special Deputy Attorney General, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, by Robin E. Hudson, Assistant Appellate Defender, for the defendant-appellee.

PER CURIAM.

Affirmed.