#### STATE OF NORTH CAROLINA v. ABNER RAY NICHOLSON

No. 564A99

(Filed 1 February 2002)

ORDER

By order of the Court in Conference, this 31st day of January, 2002, defendant’s motion, filed 4 December 2001, for a stay pending a determination of the Motion for Appropriate Relief, is denied. We remand Defendant’s Motion for Appropriate Relief, filed 4 December 2001, to the Wilson County Superior Court for determination of the issues contained therein regarding whether the death sentences imposed upon Defendant violate N.C.G.S. § 15A-2005.

s/G.K. Butterfield. Jr. For the Court