
    STATE of North Carolina v. Timothy Seth PHILLIPS.
    No. 459P05.
    Supreme Court of North Carolina.
    October 6, 2005.
    Julie Ramseur Lewis, Assistant Public Defender, for Timothy S. Phillips.
    Jill Ledford Cheek, Special Deputy Attorney General, Garry W. Frank, District Attorney, for State of NC.
    ORDER
   Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 22nd day of August 2005 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Atttorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 6th day of October 2005."

Upon consideration of the petition filed on the 22nd day of August 2005 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 6th day of October 2005."  