THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Respondent,

v.

Theresa Claypoole, Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

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

Opinion No. 26652
Heard March 4, 2009 - Filed May 18, 2009

DISMISSED AS IMPROVIDENTLY GRANTED

Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, and Solicitor Donald V Myers, of Lexington, for Respondent.

PER CURIAM: We granted certiorari to review the Court of Appeals opinion in State v. Claypoole, 371 S.C. 473, 639 S.E.2d 466 (Ct. App. 2006). We now dismiss the writ as improvidently granted.

TOAL, C.J., WALLER, KITTREDGE, JJ., and Acting Justices James E. Moore and James A. Spruill, concur.