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2009-MO-038 - Raysor v. State

THIS OPINION HAS NO PRECENDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Stacy Raysor, Respondent,

v.

State of South Carolina, Petitioner.


ON WRIT OF CERTIORARI


Appeal From Richland County
 John C. Hayes, III, Circuit Court Judge


Memorandum Opinion No.  2009-MO-038
Submitted June 24, 2009 – Filed July 13, 2009 


DISMISSED AS IMPROVIDENTLY GRANTED


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

Joshua  Kendrick, of Columbia, for Respondent.


PER CURIAM: The Court of Appeals granted certiorari to review the post-conviction relief court’s grant of relief to respondent Stacy Raysor.  Pursuant to Rule 204(b), SCACR, this Court certified the case for review.  We now dismiss the writ as improvidently granted.[1]

DISMISSED AS IMPROVIDENTLY GRANTED.

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


[1] We note that respondent was granted summary judgment, and the matter was remanded to the Richland County Court of General Sessions for resentencing.  We clarify that the resentencing shall take place before a judge different from the original judge who presided over respondent’s guilty plea.