Upon consideration of the petition filed by Defendant on the 21st day of October 2004 for rehearing on petitioner's writ of certiorari for discretionary review on trial court and N.C. Court of Appeals decision on motion for new trial and motion to dismiss, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 3rd day of February 2005."