
    STATE of North Carolina v. Kenneth William BATES.
    No. 456P05-2.
    Supreme Court of North Carolina.
    October 11, 2007.
    Rudolph A. Ashton, III, Kirby H. Smith, III, New Bern, for Bates.
    Anita LeVeaux, Assistant Attorney General, C. Branson Vickory, III, District Attorney, for State of NC.
    Prior report: 179 N.C.App. 628, 634 S.E.2d 919.
    ORDER
   Upon consideration of the petition filed on the 7th day of November 2006 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:

"Denied by order of the Court in conference, this the 11th day of October 2007."

HUDSON, J., recused.  