This matter is before this Court on defendants Notice of Appeal based on a Constitutional Question, seeking review of the Court of Appeals opinion dismissing defendants appeal and denying defendants petition for writ of certiorari filed before that court. The States Motion to Dismiss Appeal is ALLOWED. This Court on its own motion, however, vacates the denial of defendants petition writ of certiorari at the Court of Appeals and remands this case to the Court of Appeals with directions to allow defendants petition for writ of certiorari as filed before that court.
By Order of this Court, this 9 day of June, 2016.