#### STATE OF NORTH CAROLINA v. ROGER LEE GARDNER

No. 179A87

(Filed 7 October 1987)

Defendant appeals as a matter of right, pursuant to N.C. G.S. § 7A-30(2), from a decision of a divided panel of the Court of Appeals, 84 N.C. App. 616, 353 S.E. 2d 662 (1987), finding no error in the judgment entered by Long, J., on 21 November 1985 in Superior Court, GUILFORD County. Heard in the Supreme Court 11 September 1987.

Lacy H. Thornburg, Attorney General, by Sylvia Thibaut, Assistant Attorney General, for the State.

Ferguson, Stein, Watt, Wallas & Adkins, P.A., by Adam Stein, for defendant-appellant.

PER CURIAM.

The decision of the Court of Appeals is

Affirmed.