AFFIRMED.
State v. Miller, 358 N.C. 133 (2004)
Feb. 6, 2004
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Supreme Court of North Carolina
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No. 438A03
358 N.C. 133
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.