
    STATE of North Carolina v. Toney CAUDLE.
    No. 433P05-2.
    Supreme Court of North Carolina.
    August 23, 2007.
    Kevin P. Bradley, Durham, for Caudle.
    Jane Ammons Gilchrest, Assistant Attorney General, Robert C. Montgomery, Special Deputy Attorney General, William Graham, District Attorney, for State of NC.
    Prior report: ___ N.C.App. ___, 641 S.E.2d 351.
    ORDER
   Upon consideration of the petition filed on the 9th day of April 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:

"Denied by order of the Court in conference, this the 23rd day of August 2007."

Justices TIMMONS-GOODSON and HUDSON recused.  