
    STATE OF NORTH CAROLINA v. DAVID GAINEY
    No. 531A00-2
   ORDER

This matter is before this Court on defendant’s Petition for Writ of Certiorari, defendant’s Petitions for Writ of Mandamus, and defendant’s Motion for Leave to File Amendment to Petition for Writ of Certiorari and Withdrawal of Writs of Mandamus. Defendant’s Motion to Withdraw Writs of Mandamus is allowed. Defendant’s motion for Leave to File Amendment to Petition for Writ of Certiorari is allowed for the limited purpose of remanding the matter to the Superior Court for an evidentiary hearing on defendant’s Motion for Appropriate Relief and defendant’s Amended Motion for Appropriate Relief.

By order of the Court in Conference, this 10th day of April, 2008.

Hudson, J. For the Court  