#### STATE OF NORTH CAROLINA v. MICHAEL LEE SANDERS

No. 362A05

(Filed 16 December 2005)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals,-N.C. App.-, 613 S.E.2d 708 (2005), reversing and remanding in part a judgment entered 9 January 2004 by Judge Mark E. Klass in Superior Court, Richmond County. Heard in the Supreme Court 12 December 2005.

Roy Cooper, Attorney General, by Robert K. Smith, Assistant Attorney General, for the State-appellant.

Anne Bleymanfor defendant-appellee.

PER CURIAM.

AFFIRMED.