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2009-MO-010 - Spivey 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


Byron Spivey, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Spartanburg County
Doyet A. Early, III, Circuit Court Judge


Memorandum Opinion No.  2009-MO-010
Submitted February 19, 2009 – Filed February 23, 2009 


DISMISSED AS IMPROVIDENTLY GRANTED


Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Molly R. Crum, of Columbia, for Respondent.


PER CURIAM: We granted certiorari to review the post-conviction relief court’s denial of relief to petitioner.  We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., WALLER, PLEICONES and KITTREDGE, JJ., concur. BEATTY, J. not participating.