#### STATE OF NORTH CAROLINA v. RICHARD LEE BURNS

No. 118A97

(Filed 7 November 1997)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the unpublished decision of a divided panel of the Court of Appeals, 125 N.C. App. 616, 483 S.E.2d 194 (1997), awarding defendant a new trial in cases tried before Martin (Jerry Cash), J., in Superior Court, Forsyth County, which resulted in convictions and judgments of imprisonment for attempted incest, first-degree sexual offense, and taking indecent liberties with a minor. On 8 May 1997 the Supreme Court allowed discretionary review of additional issues. Heard in the Supreme Court 16 October 1997.

Michael F. Easley, Attorney General, by Jill B. Hickey, Assistant Attorney General, for the State-appellant.

Lawrence J. Fine for defendant-appellee.

PER CURIAM.

AFFIRMED.