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26772 - State v. Mitchell

THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Petitioner,

v.

Hercules E. Mitchell, Respondent.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal From Orangeburg County
 James C. Williams, Jr., Circuit Court Judge


Opinion No.  26772
Heard January 20, 2010 - Filed February 16, 2010 


DISMISSED AS IMPROVIDENTLY GRANTED


Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Respondent.


PER CURIAM:  We granted a writ of certiorari to review the Court of Appeals decision in State v. Mitchell, 378 S.C. 305, 662 S.E.2d 493 (Ct. App. 2008).  After a thorough review of the Appendix, record, and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

PLEICONES, ACTING CHIEF JUSTICE, BEATTY, KITTREDGE, HEARN, JJ., and Acting Justice James E. Moore, concur.