Upon consideration of the notice of appeal based upon a dissent from the North Carolina Court of Appeals, filed by Defendant on the 20th day of April 2004 in this matter pursuant to G.S. 7A-30, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal based upon a dissent is
"Dismissed as moot by order of the Court in conference, this the 18th day of August 2005."