THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Petitioner,

v.

Hercules E. Mitchell, Respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Orangeburg County
James C. Williams, Jr., Circuit Court Judge

Opinion No. 26772
Heard January 20, 2010 - Filed February 16, 2010

DISMISSED AS IMPROVIDENTLY GRANTED

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Respondent.

PER CURIAM:  We granted a writ of certiorari to review the Court of Appeals decision in State v. Mitchell, 378 S.C. 305, 662 S.E.2d 493 (Ct. App. 2008).  After a thorough review of the Appendix, record, and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

PLEICONES, ACTING CHIEF JUSTICE, BEATTY, KITTREDGE, HEARN, JJ., and Acting Justice James E. Moore, concur.