
    STATE of North Carolina v. John Fred GAITHER.
    No. 641P03.
    Supreme Court of North Carolina.
    February 5, 2004.
    Rudolph A. Ashton, III, for John Fred Gaither.
    Tina A. Krasner, Assistant Attorney General, John Carriker, District Attorney, for State of N.C.
    Prior report: 161 N.C.App. 96, 587 S.E.2d 505.
    ORDER
   Upon consideration of the petition filed on the 9th day of December 2003 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 5th day of February 2004."  