James R. Parish, Fayetteville, for Nezar Anthony Yarborough.

Alexander McC. Peters, Raleigh, for State.

Prior report: ___ N.C.App. ___, 679 S.E.2d 397.

Upon consideration of the petition filed by Defendant on the 6th of October 2009 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, 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 28th of January 2010."