"Defendant's Motion for Appropriate Relief filed on the 30th of August 2004 is allowed. The case is remanded to the Court of Appeals for further remand to the trial court for re-sentencing in accordance with our opinion in State v. Allen, 359 N.C. 425, 615 S.E.2d 256 (2005) (Lake, C.J.,Martin, J., Newby, J. dissenting).

By order of the Court in Conference, this the 1st day of July, 2005."