#### STATE v. FAIR

No. 506A99

Case below: 354 N.C. 131

Motion by defendant for reconsideration and stay of the mandate denied 6 December 2001. Motion by Appellate Defender for withdrawal of opinion denied 6 December 2001. Motion by Appellate Defender for additional briefing as amicus curiae dismissed as moot 6 December 2001. Motion by N.C. Academy of Trial Lawyers for leave fo file amicus curiae brief dismissed as moot 6 December 2001.