This matter was heard in the North Carolina Court of Appeals on 30 March 2004, and an opinion was filed on 1 June 2004. Thereafter, this Court granted Defendant's Petition for Rehearing. Upon reconsideration, this Court now determines that the Petition for Rehearing was improvidently allowed.

*203Accordingly, the opinion filed 1 June 2004 is deemed filed as of the date of this opinion.

Petition for Rehearing Improvidently Allowed.

Panel consisting of: WYNN, HUNTER and STEEELMAN, JJ.