THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Heyward Branham, Petitioner,

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Darlington County
John H. Waller, Jr., Trial Judge
J. Ernest Kinard, Jr., Post Conviction Judge

Memorandum Opinion No. 2004-MO-045
Submitted May 13, 2004 - Filed August 16, 2004

DISMISSED AS IMPROVIDENTLY GRANTED

Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Allen Bullard, and Assistant Attorney General David Spencer, Office of the Attorney General, all of Columbia, for Respondent.

PER CURIAM: After careful consideration of the Appendix and briefs, we dismiss the writ of certiorari as improvidently granted.

s/Jean H. Toal                                    C.J.

s/James E. Moore                                   J.

s/E. C. Burnett, III                                      J.

s/Costa M. Pleicones                              J.

WALLER, J., not participating.