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

Theodore Bailey, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Dorchester County
 Rodney A. Peeples, Post-Conviction Judge
Jackson Gregory, Trial Judge

Memorandum Opinion No. 2004-MO-054
Submitted September 23, 2004 – Filed October 11, 2004

DISMISSED AS IMPROVIDENTLY GRANTED

Assistant Appellate Defender Robert M. Pachak, Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Attorney General Elizabeth McMahon, Office of the Attorney General, all of Columbia, for Respondent.

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

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.