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2004-MO-043 - Brown v. State

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Walter Ray Brown, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Charleston County
Lee S. Alford, Trial Judge
Deadra L. Jefferson, Post-Conviction Relief Judge


Memorandum Opinion No. 2004-MO-043
Submitted January 22, 2004 - Filed August 9, 2004


DISMISSED AS IMPROVIDENTLY GRANTED


Tara Dawn Shurling, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent.

___________

PER CURIAM:  Walter Brown (petitioner) asserts that his trial counsel (counsel) was ineffective for failing to adequately challenge the testimony of the State’s primary witness during petitioner’s trial for attempted first-degree burglary.  After a full review of the record on appeal, we dismiss certiorari as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.