AMENDED ORDER
This matter came before the Supreme Court for oral argument on December 7, 2004, pursuant to an order granting a writ of certiorari and directing the parties to appear and show cause why the issue raised in this appeal should not be summarily decided. After hearing the arguments and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown and that this case should be summarily decided.
The defendant...
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