668 S.E.2d 896 (2008)
STATE
No. 474P08.
STATE
v.
Samuel Travis TANNER.
No. 474P08.
Supreme Court of North Carolina.
October 20, 2008.William D. Spence, Kinston, for Tanner.
C. Colon Willoughby, Jr., District Attorney, for State.
Prior report: ___ N.C.App. ___, 666 S.E.2d 845.
The following order has been entered on the motion filed on the 20th day of October 2008 by State of NC for Temporary Stay:
"Motion Allowed by order of the Court in conference this the 20th day of October 2008."