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26842 - State v. Bodenstedt

THE STATE OF SOUTH CAROLINA
In The Supreme Court


The State, Petitioner,

v.

James W. Bodenstedt, Jr., Respondent.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal from Pickens County
 J. Michael Baxley, Circuit Court Judge


Opinion No.   26842
Heard June 23, 2010 - Filed July 26, 2010


DISMISSED AS IMPROVIDENTLY GRANTED


Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David Spencer, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Petitioner.

Senior Appellate Defender Joseph L. Savitz, III, of Commission on Indigent Defense, of Columbia, for Respondent.


PER CURIAM: We granted a writ of certiorari to review the Court of Appeals decision in State v. Bodenstedt, 381 S.C. 545, 674 S.E.2d 174 (Ct. App. 2009).  On certiorari, we were presented with the question whether the Court of Appeals erred in reversing and remanding Respondent's sentence, which the trial court amended based on Respondent's disturbances in the courtroom.  After careful consideration, we now dismiss certiorari as improvidently granted.

DISMISSED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.