David W. Andrews, Assistant Appellate Defender, for Jerry Webber.

M. Elizabeth Guzman, Assistant Attorney General, for State.

Prior report: ___ N.C.App. ___, 689 S.E.2d 468.

ORDER

Upon consideration of the petition filed by Respondent on the 8th of March 2010 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 16th of June 2010."