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2004-MO-071 - Christmas 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


David C. Christmas, Respondent,

v.

State of South Carolina, Petitioner.


ON WRIT OF CERTIORARI


Appeal From Florence County
Paul M. Burch, Trial Judge
 B. Hicks Harwell, Jr., Post-Conviction Judge


Memorandum Opinion No. 2004-MO-071
Submitted November 4, 2004 – Filed December 13, 2004


VACATED


Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh,  Assistant Deputy Attorney General Salley Elliott, Assistant Attorney General Julie M. Thames, all of Columbia, for Petitioner.

Assistant Appellate Defender Robert M. Pachak, of Columbia, for Respondent.


PER CURIAM:  Respondent was granted post-conviction relief (PCR) by the PCR court.  After careful review of the Appendix and the briefs, we vacate the grant of PCR.  See Al-Shabazz v. State of South Carolina, 338 S.C. 354, 527 S.E.2d 742 (2000); Cooper v. State of South Carolina, 338 S.C. 202, 525 S.E.2d 886 (2000).

VACATED.

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