ORDER

Defendant was granted a New Trial pursuant to State v. Canady, 355 N.C. -, - S.E.2d - (March 7, 2002) (No. 115A00). Defendant’s motion for appropriate relief is hereby dismissed without prejudice as to his right to raise the issue pursuant to N.C.G.S. § 15A-2005 in the trial court.

Defendant’s Motion for Imposition of a Life Sentence is denied.

By the order of the Court in Conference, this 6th day of March, 2002.