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

Tyrone Lamont Simpson, Respondent,

v.

State of South Carolina, Petitioner.

ON WRIT OF CERTIORARI

Appeal From York County
John C. Hayes, Jr., Trial Judge
 Lee S. Alford, Post-Conviction Relief Judge

Memorandum Opinion No. 2007-MO-063
Submitted October 18, 2007 – Filed November 5, 2007 

DISMISSED AS IMPROVIDENTLY GRANTED

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Molly R. Crum, all of Columbia, for Petitioner.

Debra Yvonne Chapman, and Joshua Kendrick, both of Columbia, for Respondent.

PER CURIAM:  After careful consideration of the Appendix and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

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