THE STATE OF SOUTH CAROLINA
In The Supreme Court


State of South Carolina, Respondent,

v.

Timothy James Hammitt, Petitioner.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal From Greenville County
Larry R. Patterson, Circuit Court Judge


Opinion No. 25537
Heard June 11, 2002 - Filed October 14, 2002


AFFIRMED


James M. Griffin, of Simmons and Griffin, of Columbia, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, State Grand Jury Chief Robert E. Bogan, and Assistant Attorney General Tracey Colton Green, all of Columbia, for respondent. 



JUSTICE WALLER: We granted a writ of certiorari to review the Court of Appeals' opinion in State v. Hammitt, 341 S.C. 638, 535 S.E.2d 459 (Ct. App. 2000). For the reasons set forth in Issue 1 of our decision in the companion case of State v. Miller, Op. No. 25535 (filed October 14, 2002) (Shearouse Adv. Sh. No. 34 at 32), the Court of Appeals' opinion is affirmed.

AFFIRMED.

TOAL, MOORE, BURNETT and PLEICONES, JJ., concur.