THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Petitioner,

v.

Christopher L. James, Respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Edgefield County
William P. Keesley, Circuit Court Judge

Opinion No. 26396
Heard October 18, 2007 - Filed November 19, 2007

DISMISSED AS IMPROVIDENTLY GRANTED

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,

Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia; and Donald V. Myers, of Lexington, for petitioner.

Chief Appellate Defender Joseph L. Savitz, III, of the South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for respondent.

PER CURIAM: We granted this petition for a writ of certiorari to review the Court of Appeals opinion in State v. James, 362 S.C. 557, 608 S.E.2d 455 (Ct. App. 2004). After careful consideration, we now dismiss certiorari as improvidently granted.

DISMISSED.

TOAL, C.J., MOORE, WALLER, PLEICONES, JJ., and Acting Justice J. Michael Baxley, concur.