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2009-MO-026 - Smith 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


Charles Smith, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Richland County
Alison Renee Lee, Circuit Court Judge


Memorandum Opinion No.  2009-MO-026
Submitted May 28, 2009 – Filed June 1, 2009 


DISMISSED AS IMPROVIDENTLY GRANTED


Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Attorney General Salley Elliott, Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent.


PER CURIAM:  We granted a writ of certiorari to review the denial of Petitioner’s application for post-conviction relief (PCR).  We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

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