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

Ervin Maurice Gadsden, Respondent,

v.

State of South Carolina, Petitioner.

Appeal From Charleston County
 William P. Keesley, Circuit Court Judge

Memorandum Opinion No. 2009-MO-005
Submitted November 19, 2008 – Filed January 26, 2009  

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 S. Prentiss Counts, all 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 PCR judge’s ruling.  After careful consideration of the record and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED. 

TOAL, C.J., WALLER, BEATTY and KITTREDGE, JJ., concur. PLEICONES, J., not participating.