AMENDED ORDER

Upon consideration of the petition filed on the 9th day of August 2005 by Defendant (Stephen Carter) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, 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 November 2005."