#### STATE OF NORTH CAROLINA v. YOSHEIKA CHARMAINE SMITH

From Cabarrus County

No. 59P14

By order of the Court in Conference, this 11th day of June, 2014.

ORDER

The Motion for Temporary Stay issued 20 February 2014 is dissolved. The State’s Petition for Writ of Supersedeas is denied. The State’s Petition for Discretionary Review is allowed for the limited purpose of remanding to the Court of Appeals for reconsideration in light of our decision in State v. Pennell, No. 371PA13-1 (12 June 2014).

s/Beaslev. J.

For the Court