Having reconsidered this case on remand from the Supreme Court of the United States in light of Davis v. Washington, 547 U.S. ___, 126 S.Ct. 2266, 165 L.Ed.2d 224, the opinion of the Court of Appeals reported at 164 N.C.App. 272, 596 S.E.2d 22 (2004) is vacated. We further conclude that this matter is now moot due to defendant's death and thus allow the State's motion to dismiss defendant's appeal.

VACATED AND DISMISSED AS MOOT.