THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Respondent,

v.

Kristopher M. Miller, Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Anderson County
J. C. Buddy Nicholson, Jr., Circuit Court Judge

Opinion No. 26332
Heard May 22, 2007 - Filed June 4, 2007

DISMISSED AS IMPROVIDENTLY GRANTED

Appellate Defender LaNell Durant, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R. J. Shupe, all of Columbia, and Solicitor Christina Theos Adams, of Anderson, for Respondent.

PER CURIAM: We granted certiorari to review the Court of Appeals decision in State v. Miller, 363 S.C. 635, 611 S.E.2d 309 (Ct. App. 2005.  After careful consideration, we now dismiss certiorari as improvidently granted.

DISMISSED.

TOAL, C.J., MOORE, BURNETT, PLEICONES, JJ., and Acting Justice J. Michelle Childs, concur.