
    STATE of North Carolina v. Bryan Keith HESS.
    No. 465PA07.
    Supreme Court of North Carolina.
    December 6, 2007.
    Haakon Thorsen, Charlotte, for Hess.
    Hal F. Askins, Special Deputy Attorney General, William D. Kenerly, District Attorney, for State of NC.
    Prior report: ___ N.C.App. ___, 648 S.E.2d 913.
    ORDER
   Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 24th day of September 2007 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 6th day of December 2007."

Upon consideration of the petition filed on the 24th day of September 2007 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 6th day of December 2007."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).  