THIS OPINION HAS NO PRECEDENTIAL VALUE.� IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Respondent,

v.

Christopher Lee Pride, Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Union County
John C. Hayes, III, Circuit Court Judge

Memorandum Opinion No.� 2009-MO-064
Heard December 1, 2009 � Filed December 14, 2009�

DISMISSED AS IMPROVIDENTLY GRANTED

Acting Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, and Fletcher� Smith, Jr., of Greenville, for Petitioner.

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 Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: We granted certiorari to review the Court of Appeals� opinion in State v. Pride, Op. No. 2007-UP-544 (S.C. Ct. App. filed Dec. 5, 2007).� We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

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