All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Car olina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be consid ered authoritative.

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    On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 146 N.C. App. 75, 552 S.E.2d 650 (2001), ordering a new trial as to defendant's conviction and sentence for first-degree murder and remanding for sentencing on defendant's convictions for assault with a deadly weapon inflicting serious injury and felonious operation of a motor vehicle to elude arrest; judgments were entered for these convictions on 10 December 1999 by Haigwood, J., in Superior Court, Johnston County. On 20 December 2001, the Supreme Court allowed defendant's conditional petition for discretionary review as to additional issues. Heard in the Supreme Court 16 April 2002.
    Roy Cooper, Attorney General, by Isaac T. Avery, III, Special Deputy Attorney General, and Patricia A. Duffy, Assistant Attorney General, for the State-appellant and -appellee.

    Mark Montgomery for defendant-appellant and -appellee.

    PER CURIAM.

    DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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