
    STATE OF NORTH CAROLINA v. ROBERT MILLER
    No. 438A03
    (Filed 6 February 2004)
    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 158 N.C. App. 745, 583 S.E.2d 620 (2003), vacating two first-degree sex offense convictions and remanding for resentencing a conviction for taking indecent liberties with a child, which judgments were entered 6 December 2001 by Judge B. Craig Ellis in Superior Court, Scotland County. Heard in the Supreme Court 9 December 2003.
    
      Roy A. Cooper, Attorney General, by David Gordon, Assistant Attorney General, and Amy C. Kunstling, Assistant Attorney General, for the State-appellant.
    
    
      Daniel Shatz for defendant-appellee.
    
    
      Beaver, Holt, Stemlicht, Glazier, Britton & Cowrie, RA., by Richard B. Glazier, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, Inc., amicus curiae.
    
   PER CURIAM.

AFFIRMED.  