¶1Kevin P. Bradley, Durham, for Smith.
¶2*904 C. Branson Vickory, III, District Attorney, for State.
¶3Prior report: ___ N.C.App. ____, 668 S.E.2d 612.
¶4The following order has been entered on the motion filed on the 5th day of December 2008 by State of NC for Temporary Stay:
"Motion Allowed by order of the Court in conference this the 5th day of December 2008."