670 S.E.2d 903 (2008)
STATE
No. 534P08.
STATE
v.
Tracy Glen SMITH.
No. 534P08.
Supreme Court of North Carolina.
December 5, 2008.Kevin P. Bradley, Durham, for Smith.
*904 C. Branson Vickory, III, District Attorney, for State.
Prior report: ___ N.C.App. ____, 668 S.E.2d 612.
The following order has been entered on the motion filed on the 5th day of December 2008 by State of NC for Temporary Stay:
"Motion Allowed by order of the Court in conference this the 5th day of December 2008."