¶1Upon consideration of the conditional petition filed on the 20th day of October 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:
¶2*448"Dismissed as moot by order of the Court in conference, this the 2nd day of March 2006."