Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 26th day of July 2004 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is
"Dismissed ex mero motu by order of the Court in conference, this the 2nd day of December 2004."