Upon consideration of the petition filed by Defendant on the 14th day of October 2005 in this matter for a writ of certiorari to file a Petition for Discretionary Review of an order of Court of Appeals or, Alternatively, to Permit a Motion for Appropriate Relief, the *778following 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 November 2005."