THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Respondent,

v.

Craig Duval Davis, Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Horry County
Daniel F. Pieper, Circuit Court Judge

Opinion No. 26570
Heard November 18, 2008 - Filed December 15, 2008

DISMISSED AS IMPROVIDENTLY GRANTED

John S. Nichols, of Bluestein Nichols Thompson and Delgado, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster
Chief Deputy Attorney General John W. McIntosh
Assistant Deputy Attorney General Salley W. Elliott
Assistant Attorney General Deborah R. J. Shupe, of Columbia, John Gregory Hembree, of Conway, for Respondent.

PER CURIAM: We granted certiorari to review the Court of Appeals decision in State v. Davis, 371 S.C. 412, 639 S.E.2d 457 (Ct. App. 2006). After careful consideration of the record and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., WALLER, BEATTY, KITTREDGE, JJ. and Acting Justice James E. Moore, concur.