#### STATE OF NORTH CAROLINA v. MICHAEL SCOTT BEVERIDGE

No. 1A94

(Filed 17 June 1994)

On discretionary review pursuant to N.C.G.S. § 7A-31 from the decision of a divided panel of the Court of Appeals, 112 N.C. App. 688, 436 S.E.2d 912 (1993), vacating a judgment entered by Strickland, J., at the 27 July 1992 Criminal Session of Superior Court, Dare County. Heard in the Supreme Court 11 May 1994.

Michael F. Easley, Attorney General, by Anita LeVeaux Quigless, Assistant Attorney General, for the State-appellant.

Merrell, Barnes, Gladden & Rose, by Edgar L. Barnes and Randy L. Jones, for defendant-appellee.

PER CURIAM.

AFFIRMED.