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

Anthony Derrick, Respondent,

v.

State of South Carolina, Petitioner.

Appeal From Cherokee County
 J. Mark Hayes, II, Circuit Court Judge

Memorandum Opinion No.  2008-MO-011
Submitted January 23, 2008 – Filed February 25, 2008

DISMISSED AS IMPROVIDENTLY GRANTED

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

Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.

PER CURIAM:  We granted a writ of certiorari to review the grant of post-conviction relief to Respondent, Anthony Derrick.   We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

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