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2007-MO-041 - Tolen 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


Dana Tolen, Respondent,

v.

State of South Carolina, Petitioner.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal From Lexington County
Marc H. Westbrook, Circuit Court Judge


Memorandum Opinion No.  2007-MO-041
Submitted June 20, 2007 – Filed June 25, 2007 


DISMISSED AS IMPROVIDENTLY GRANTED


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

Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.


PER CURIAM:  We granted the State’s petition for a writ of certiorari to review an order granting post-conviction relief to  respondent, Dana Tolen.  We dismiss the writ as improvidently granted.

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