#### STATE OF NORTH CAROLINA v. HATEM HAMAD and DONALD CLAY WELLS

No. 35A89

(Filed 9 November 1989)

APPEAL of right by the State pursuant to N.C.G.S. § 7A-30(2) and on discretionary review of a decision of a divided panel of the Court of Appeals, 92 N.C. App. 282, 374 S.E.2d 410 (1988), granting a new trial to the defendant Hamad and a new sentencing hearing to the defendant Wells. Heard in the Supreme Court 12 October 1989.

Lacy H. Thornburg, Attorney General, by John F. Maddrey, Assistant Attorney General, for the State, appellant and appellee.

Malcolm Ray Hunter, Jr., Appellate Defender, by Gordon Widenhouse, Assistant Appellate Defender, for defendant Donald Clay Wells, appellant and appellee.

A. Wayne Harrison and James M. Roberts for defendant Hatem Hamad, appellant and appellee.

PER CURIAM.

Affirmed.